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(영문) 서울중앙지방법원 2016.01.15 2015나40110

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On June 30, 2011, the Plaintiff is the insured between the Specialized Construction Mutual Aid Association and the YoungNC Co., Ltd. (hereinafter referred to as YoungNC).

As a result, the insurance period is from June 30, 201 to October 18, 2012, and each limit of compensation is KRW 100,000,000 per person per accident, and 200,000,000 per person per accident, to compensate for losses sustained by the insured by bearing legal liability exceeding the limit of accident compensation under the Industrial Accident Compensation Insurance Act (hereinafter “instant accident compensation insurance”).

(2) The Defendant is an insurer who entered into a business liability insurance contract with C on January 3, 2012 with respect to the B excavation machines owned by it (hereinafter referred to as the “instant excavation machines”).

B. 1) In the course of the construction of the so-called so-called so-called so-called “the instant so-called “the so-called “the so-called “the so-called “the so-called “instant so-called “the so-called “the so-called” in this case) and the so-called “the so-called “the so-called” in this case under the direction of A, a worker of the so-called “the so-called” in this case, at around 11:50 on January 12, 2012, C was engaged in the so-called “the so-called “the so-called” in this case, while operating the so-called “the so-called “the so-called” in this case under the direction of A, who was connected to the so-called “the so-called “the so-called” in this case, with the aim of avoiding other workers in the front part of the so-called “the so-called” in this case, thereby falling from A’s 2mn beam.

(3) A was hospitalized from January 12, 2012 to March 11, 2014, and received hospital treatment (hereinafter “instant accident”). C. The Korea Workers’ Compensation & Welfare Service (hereinafter “Korea Workers’ Compensation and Welfare Service”) recognizes the instant accident as an occupational accident.