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(영문) 부산지방법원서부지원 2019.09.10 2018가단100869

구상금

Text

1. The Defendant’s KRW 24,00,000 as well as the Plaintiff’s annual rate of KRW 5% from November 21, 2015 to September 10, 2019.

Reasons

1. Basic facts

A. C is the owner of DKaman C Co., Ltd. (hereinafter referred to as “the cater of this case”), and the Plaintiff is the mutual aid business operator who entered into a motor vehicle mutual aid agreement with respect to the cater of this case.

B. At around 15:30 on July 14, 2015, F, G (hereinafter “the network”) working for a day-to-day job in the E company run by the Defendant, on the part of HI zone construction site, was on board the work site attached to the instant shoulder operated by J and died due to damage to head, chest, and distribution of a fire-saving machine installed in the upper part of the factory Dong at a height of about 9 meters, while the work of connecting and installing a line with the pipe, distribution line, which was set up in the upper part of the factory building at a height of 9 meters, was discarded, and the work cost was separated from fixed pin, and the work cost was deducted from fixed pin, and died due to damage to head, chest, and distribution at the site.

(hereinafter referred to as “instant accident”). C.

On August 7, 2015, the Defendant and J drafted the following agreements with the bereaved family representatives of the network G, and around that time, paid KRW 50 million to the bereaved family members of the network G.

3. Details of agreement;

A. In relation to the instant accident, the perpetrator J and the Defendant, who is the employer, paid 50 million won to the bereaved family members as criminal consolation benefits for the victim, and agreed to do so. As such, the perpetrator’s criminal punishment is not sought.

The consolation money for insurance claims (excluding funeral expenses) acquired in relation to the above consolation money shall be transferred to the victim (bereaved Family) and notified to the insurance company thereof.

(c).

In order to clarify the terms of the above agreement, each agreement made after signing and sealing the signature shall be kept in one copy, and thereafter the victim shall not raise any objection against the perpetrator and the defendant who is the employer in relation to the accident of this case.

In the event of the insurer's exemption from liability, the insurer shall set the amount of damages and claim it.

On August 28, 2015, Defendant and J draw up a written agreement with the bereaved family member L of the NetworkF as follows: