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(영문) 광주지방법원 2016.01.08 2015가합51748

구상금

Text

1. The Defendants jointly share KRW 67,849,468 with respect to the Plaintiff, and 5% per annum from July 29, 2014 to January 8, 2016.

Reasons

1. Facts of recognition;

A. Under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”), the Plaintiff is a juristic person established with the aim of compensating employees for occupational accidents rapidly and fairly, establishing and operating insurance facilities necessary therefor, and contributing to the protection of workers by carrying out activities for preventing accidents and for promoting the welfare of workers. Defendant A is a driver and owner of the instant excavation search machine B (hereinafter “the instant excavation search machine”). Defendant Samsung F&M Marine Insurance Co., Ltd. (hereinafter “Defendant Company”) is an insurance company that entered into an insurance contract for the instant excavation search machine.

B. On June 4, 2013, at around 11:45, Defendant A, a worker of the same luxe ethyl (hereinafter “non-party company”) and Defendant A, a driver of the instant excavation searcher, performed the loading and unloading of the steel loaded on the truck at the construction site located in Donsan-gu Seoul Special Metropolitan City (hereinafter “Nan-si”), Defendant A, while disregarding that the deceased was on the loading of the truck, was flicking off the steel bars in the upper part of the truck to the instant excavationer, and caused an accident that the deceased fell under the truck below the truck (hereinafter “instant accident”).

As a result, the Deceased died on January 21, 2014 while receiving treatment by suffering injuries, such as a peltoma, internal peltoma, etc.

C. From August 29, 2013 to January 16, 2014, the Plaintiff recognized the instant accident as an occupational accident, and paid the Deceased KRW 113,835,240 of the medical care benefits and medical expenses to the Deceased and medical institutions from October 28, 2013 to April 25, 2014, respectively. On July 28, 2014, the Plaintiff paid KRW 67,096,900 of the survivors’ benefits, and funeral expenses, KRW 9,539,140 of the funeral expenses, respectively.

E is the only heir of the deceased.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, 10 and 11 (including additional numbers), the purport of the whole pleadings

2. Liability for damages.