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(영문) 대구지방법원 2019.06.21 2018가단116429

구상금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Chief;

A. The plaintiff's assertion

1. The relationship between parties;

A. The Plaintiff is a special juristic person established pursuant to the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”) and entrusted by the Minister of Employment and Labor with the industrial accident compensation insurance business, and the instant D (hereinafter “Nonindicted Company”) is in the relationship between the insurer and the insured under the Industrial Accident Compensation Insurance Act, and the insured workers E (hereinafter “victim”) are entitled to receive insurance benefits under the Industrial Accident Compensation Insurance Act and the claim for damages that the victim has against the Defendants by subrogation under Article 87 of the Industrial Accident Compensation Insurance Act.

B. Defendant A is the driver of another F Workman (hereinafter “accidented Vehicle”), Defendant B is the owner of the accident vehicle, and Defendant C Co., Ltd. is an insurance company which has concluded a business liability insurance contract to compensate for damages arising in connection with the operation of the accident vehicle, and is obliged to compensate for damages arising from the tort as described in paragraph (2) below, and to comply with the Plaintiff’s reimbursement.

2. Occurrence and scope of liability for damages;

A. (1) On June 11, 2015, the victim was a worker belonging to the non-party company, and at around 11:00 on G apartment site, the accident in which the victim fells into the floor because he was aware of the safety level that the victim was worn, and that the body of the victim was cut down to the floor, while the victim was able to produce and install a wall fry house at the fry assembly workplace at the G apartment construction site, in order to load and unload it to the correct point (hereinafter referred to as the “accident in this case”).

(2) In the instant accident, the victim was hospitalized and treated under the Industrial Accident Compensation Act after suffering from the injury of the “bulverging flavers on both sides” and the “culd pressure flaversing”.