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(영문) 서울중앙지방법원 2018.09.05 2017가단5097305

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On September 11, 2013, the Plaintiff entered into a contract with C (hereinafter referred to as “C”) on workers’ accident compensation insurance (hereinafter referred to as “instant insurance contract”) with the content that, with respect to construction works implemented by C in the construction site of a nationwide class of construction work, the insured shall be borne by C and the relevant prime contractor, the insurance period shall be from September 11, 2013 to September 11, 2014; the maximum amount of compensation shall be KRW 200 million per person; and the insured shall be KRW 200 million per person per accident; and the insured shall be compensated by the insured’s loss caused by the insured’s occupational accident exceeding the amount of legal liability for accident compensation under the relevant Acts and subordinate statutes, such as the Industrial Accident Compensation Insurance Act.

The Defendant is a mutual aid business entity that entered into a mutual aid agreement (hereinafter referred to as the “instant mutual aid agreement”) with F and F that operates the E Cameras (hereinafter referred to as the “instant Cameras”) on the mutual terms of D to compensate for losses sustained by bearing legal liability for damages due to an accident that occurred due to the operation of the instant Cameras’s.

C From among the I Corporation that G Co., Ltd. (hereinafter referred to as the “G”) carries out in Seo-gu Incheon, Seo-gu H, the construction of the RC power plant was subcontracted by G.

(hereinafter referred to as the “instant construction”). A around 14:00 on May 19, 2014, while being leased by F with the J, a driver of the instant construction, and was put into the instant construction by C, the victim K (Nam, 49 years old) who was a steel fighter belonging to C was set up in his/her place, resulting in injury, such as double pellleys, cerebrovassis, cerebrovassis, and cerebral cerebral dyssis, etc., by shocking the head part of the victim.

hereinafter referred to as the "accident of this case"

(2) On March 23, 2017, the Plaintiff paid KRW 141,00,000 to K as insurance proceeds under the instant insurance contract. [Grounds for recognition] No dispute exists, and Party A’s evidence 1 through 11, and Party A’s evidence 16 (including the number of branch numbers; hereinafter the same shall apply)

B. 1.2