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(영문) 서울중앙지방법원 2016.10.11 2015가단5349477

구상금

Text

1. The Plaintiff:

A. Defendant Han Lan Insurance Co., Ltd.: KRW 53,600,000 and its related thereto from September 25, 2015. < Amended by Presidential Decree No. 26948, Sep. 25, 2015>

Reasons

1. Basic facts

A. 1) The Plaintiff is a new public corporation (hereinafter “new public corporation”) between the specialized construction mutual aid association and the specialized construction mutual aid association.

(2) The insured period is from January 23, 2015 to January 23, 2016, the insured period is from 00:00 to 00:00 on January 23, 2016, and the insured’s maximum amount of compensation is KRW 200 million per person per employee, and the insured’s liability insurance contract (for the purpose of mutual aid) provides for the employer’s liability insurance (hereinafter “first insurance contract of this case”) to compensate for damages incurred by the insured’s liability exceeding the amount of legal accident compensation under the Industrial Accident Compensation Insurance Act, etc. related statutes,

(2) Defendant A is the driver and owner of the instant vehicle at the early 4.5 tons of Modern Kac Truck (hereinafter “instant vehicle”).

3) Defendant Han Lan Insurance Co., Ltd. (hereinafter “Defendant Han Lan Insurance”).

(3) The Defendant A and the insured as to the instant vehicle: (a) the comprehensive insurance contract for the instant vehicle with the content that guarantees the legal liability for the operation of the instant vehicle (hereinafter “instant 2 insurance contract”)

B. B. (1) In the event of the occurrence of the accident, new public officials contracted the construction site of the new construction site of the D plant located in Ulsan-gun, Ulsan-gun, and had Defendant A build a steel frame by leasing the instant vehicle. On May 17, 2002, the instant vehicle was equipped with a product loading device installed by Defendant A with the structural change approval obtained on May 17, 2002.

2) On February 12, 2015, E, a worker of new one-day public official, was down and died (hereinafter referred to as “the instant case”) by falling under the lower part while he was engaged in the work of installing approximately 4.8 meters of the steel frame and the pole at a height of about 10 meters by boarding the bar pockets installed at the edge of the instant vehicle driven by Defendant A at the site of the instant construction work.