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(영문) 서울중앙지방법원 2016.10.21 2015가단5318787

구상금

Text

1. The Defendants jointly share KRW 27,027,943 with the Plaintiff and 5% per annum from July 9, 2013 to October 21, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a juristic person running industrial accident compensation insurance business under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”).

The Defendant A is the driver of the c digging machines (hereinafter referred to as “instant digging machines”); Defendant B is the owner of the instant digging machines; Defendant Eastern Fire Marine Insurance Co., Ltd. (hereinafter referred to as “Defendant East Fire”) is the insurer who concluded an insurance contract for the instant digging machines.

나. 대보건설 주식회사 소속 근로자 D(이하 ‘피재자’라 한다)은 2012. 9. 25. 평택시 아산만방조제 배수갑만문 확장사업(2단계) 현장에서 뻘 하차를 위하여 진입한 덤프트럭의 적재함 고정핀이 빠지지 않자, 피고 A에게 굴삭기 버켓으로 적재함을 밀어달라고 하였다.

Defendant A, in accordance with the name of the victim, was slicket slicked to slicket in which Defendant A was loaded with the slicker’s slicket, and the slicker’s hand was slicked in the slicker’s slicket, and suffered injury, such as the 1rd slick s

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

By July 9, 2013, the Plaintiff paid 12,351,420 won as medical care benefits, 7,644,560 won as temporary disability benefits, and 43,640,80 won as disability benefits, respectively, pursuant to the Industrial Accident Insurance Act.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 8 (including the serial number), the purport of the whole pleadings

2. Occurrence and scope of liability for damages;

A. According to the facts of recognition 1 as to the occurrence of the liability for damages, Defendant A, as the victim was in the nearest place in the operation of the excavation search devices of this case, failed to fulfill such a duty of care, and due to such negligence, Defendant A is liable to compensate for the damages suffered by the victim due to the accident of this case as the tortfeasor.

In addition, the accident of this case is caused by the operation of the excavation searcher of this case.