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(영문) 부산지방법원 2018.05.29 2016가단352763

손해배상(산)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 13, 2016, the Construction Project was jointly supplied by the Public Procurement Service for the extension of the Chang Convention Center (hereinafter “instant construction”) and subcontracted the construction project for the installation and dismantling of the safety facilities (hereinafter “SM”) to SM (hereinafter “SM”), and SM re-subcontracted the instant construction project to the GM (hereinafter “Do”).

B. On August 5, 2016, around 16:10 on August 5, 2016, the Plaintiff, an employee of the Do, was an accident of falling down on the ground below approximately 3 meters of the stairs, which was separated from the stairs drums for pedestrians in the Section B of the instant construction site, while working on the stairs drums for pedestrians in the Section B of the instant construction site.

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

The Plaintiff suffered the left side of the instant accident, such as a field, an inspection, analleg, analleg, and analleg. D.

B. On March 28, 2016, EM subscribed to the Workers' Disaster Deductions of the Specialized Construction Mutual Aid Association (hereinafter “the instant insurance contract”) that covers EM and the prime contractor as the beneficiary. On March 28, 2016, the Special Construction Mutual Aid Association (hereinafter “Specialized Construction Mutual Aid Association”) again subscribed to the Defendant’s Compensation Insurance (hereinafter “the instant insurance contract”) that covers EM and the prime contractor as the insured.

[Insurance Disaster Deduction for Workers] - Policyholders: EM - Insured: EM - All original contractors - The period of mutual aid: from March 28, 2016 to March 28, 2017 - Limit of compensation: KRW 200 million per on-site worker, KRW 300 million per on-site worker, KRW 200 million per on-site worker, KRW 200 million per on-site worker, KRW 300 million per on-site worker, and KRW 300 million per on-site worker: Additional details to the Insured.

It does not include foreign workers in the subject of security.

[Employer’s Liability Insurance] - Policyholders: Specialized Construction Mutual Aid Association - Insured: EM, each original supplier - Insurance Period: 24:00 on March 28, 2016 to March 28, 2017 to 24:00 on March 28, 2017 to 200 million won per books: