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(영문) 광주지방법원 2016.10.28 2015나55553

구상금

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1. The part of the judgment of the court of first instance against the Defendants shall be revoked.

2. All of the Plaintiff’s claims against the Defendants.

Reasons

1. Basic facts

A. The status of the parties is a special corporation that is entrusted by the Minister of Employment and Labor with the industrial accident compensation insurance business pursuant to the Industrial Accident Compensation Insurance Act, and the defendant limited liability company (hereinafter "the defendant company") is the owner of B Kackes (hereinafter "the defendant company"), and the defendant National Freight Trucking Association (hereinafter "the defendant federation") is the insurer who has entered into a mutual aid agreement with the defendant company with respect to the instant ckes.

B. At around 15:00 on May 2, 2012, the accident occurred when C, an employee of the KPS (main) of the first instance trial, containing one of the HPS pipes directly connected to the nivek subsequent to the nivek for the purpose of cutting the pipes using the nivers in the field of the niverse power plant at the port of the niverse power plant of the Republic of Korea, where C, who was an employee of the KPS (main), carried the pipe nivers in order to cover the nives tank, left the pipe from the nivek to the lower part of the pipe, thereby falling down under C’s right-hand hand (hereinafter “instant accident”).

As a result of the instant accident, C suffered bodily injury, such as the alley of the upper right 2 resin.

C. In relation to the instant accident, the Plaintiff paid C temporary disability compensation benefits in KRW 31,683,110 under the Industrial Accident Compensation Insurance Act, and KRW 51,075,010 for disability benefits, and KRW 30,480,780 for medical care benefits, respectively, until September 10, 2013 under the Industrial Accident Compensation Insurance Act.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 3, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion constitutes an accident during operation, which constitutes an accident during the course of using a cream, fixed to the instant cream for its purpose, and thus, the Defendant Company constitutes an accident during operation. Article 3 of the Guarantee of Automobile Accident Compensation Act (hereinafter “Self-Payment Act”) as an operator of the instant cream.