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(영문) 서울중앙지방법원 2018.09.04 2017가단5023519

구상금

Text

1. The Defendant’s KRW 86,376,610 as well as 5% per annum from March 10, 2018 to September 4, 2018, and the next day.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded a DNA insurance contract (hereinafter “instant insurance contract”) with the Electric Construction Mutual Aid Association, setting the insurance period from October 31, 2014 to October 31, 2015, with respect to all the business places of the said company.

B. E is a field director belonging to C, who was engaged in field management supervision and supervision and cable connection work for the electric power distribution team, F is the head of the environmental safety team belonging to the Defendant, and G Co., Ltd. (hereinafter “G”) as the electrical safety management agent of the Defendant Company, and H is its representative.

C. At around 10:20 on July 16, 2015, E confirmed the state of power failure cut off at the Defendant’s Jincheon-gun, Jincheon-gun, the Defendant located in Jincheon-gun, and subsequently performed cable connection work at the newly established power distribution team, F instructed H to connect the electricity at which H was cut off, by ordering him to connect with the power source of the cable breaker, while performing cable connection work at the newly established power distribution team. By these negligence, E was killed.

(hereinafter “instant accident”). D.

After the instant accident, the Korea Workers’ Compensation and Welfare Service recognized the instant accident as an occupational accident, and paid the deceased and their bereaved family members KRW 200,210 as medical care benefits for industrial accident compensation, KRW 13,848,540 as funeral expenses, KRW 184,931,240 as survivors’ benefits, and KRW 198,979,990 as the insurer of C. On January 12, 2016, the Plaintiff paid KRW 78,500,000 as the civil damages exceeding the industrial accident insurance benefits received from the Korea Workers’ Compensation and Welfare Service. around November 201, 2015, H agreed to pay KRW 25,00,000 to the deceased’s bereaved family members until November 30, 2015, under the condition that H paid KRW 1,200,000 as the criminal damages to the deceased’s bereaved family members on November 17, 2015.

E. The Korea Labor Welfare Corporation, as above, paid industrial accident compensation to the deceased, H, F, and F, a joint tortfeasor.