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(영문) 서울중앙지방법원 2015.08.19 2014나56422

구상금

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a special corporation established on May 1, 1995, which was entrusted by the Minister of Employment and Labor under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”) for the purpose of compensating for occupational accidents of workers promptly and fairly, and installing and operating insurance facilities necessary therefor, and contributing to the protection of workers by carrying out projects to prevent disasters and promote workers’ welfare. Defendant A is the owner and the driver of a vehicle during the season B, and Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Insurance Co., Ltd”) is the insurer of the said vehicle during the season.

B. Around 09:50 on June 17, 201, who is an employee of the Madern Construction Co., Ltd. (hereinafter “Nonindicted Co., Ltd”) (hereinafter “Nonindicted Co., Ltd.”) was engaged in the construction of a lux house above the 1st floor work site of the government prosecutor’s office, prosecutor’s office, new extension construction site of the Madern-dong Government Office, which is accessible to the Government. However, in the vicinity of the Madle, the materials (compile) combined with the Defendant A’s vehicle during the operation of the Defendant A’s operation.

C was affected by the shock of approximately three meters, as well as by the shock thereof, the upper half of the upper half of the upper right, the 10 chest pressure frame, the left half of the 9, 10, and 11, the upper half of the 200th left, and the upper half of the 200th left.

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

With respect to the instant accident, the Plaintiff paid C medical care benefits of KRW 6,690,450, temporary layoff benefits of KRW 12,355,980, and lump sum disability amount of KRW 14,614,600 (total KRW 33,661,030) in accordance with the Industrial Accident Compensation Act.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, purport of whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion 1) The defendant A is liable to compensate for the damages because he caused the above injury to C by negligence while neglecting his duty of safe driving, although he is required to drive safely by taking into account the front left well in the operation of the above flag.