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(영문) 서울중앙지방법원 2018.04.24 2017가단5020039

구상금

Text

1. The Defendant: 5% per annum from September 20, 2016 to April 24, 2018, and the following.

Reasons

1. Facts of recognition;

A. (1) On March 10, 2016, the Plaintiff: (a) between the Specialized Construction Mutual Aid Association and the Plaintiff: (b) determined that “the insured shall be B Co., Ltd. and the prime contractor E Co., Ltd.; (c) the insurance period from March 10, 2016 to November 14, 2017; (d) the maximum amount of compensation shall be KRW 200 million per person; and (e) KRW 300 million per accident; and (e) between the Plaintiff and the Specialized Construction Mutual Aid Association on March 10, 2016, the Plaintiff is an insurer who entered into a contract for workers’ accident compensation liability insurance with the content that the insured shall be liable for damages arising from the insured’s burden of legal liability exceeding the amount of accident compensation paid under the Industrial Accident Compensation Insurance Act due to occupational accidents occurred to the insured workers

2) The Defendant received sewage from the F company that received sewage for the installation of soil facilities from E during the construction of the said hotel, and installed the “recilants”, which is a temporary facility, at the site of the instant construction work.

B. At around 11:00 on April 19, 2016, G, a worker in B of the accident, was engaged in the work of taking off a crepted cret on the ground by using a crept, which was dismantled on the third floor above the construction site. At the time of the cresh, the Defendant’s crett (Greter Team, approximately 1.2 tons in weight) fell and the head part of G was shocked. As a result, G died due to cerebral cerebrovassis, sreshell, etc.

(hereinafter “instant accident”, and G. The Defendant removed the fixed string of the steel straw on the date of the instant accident from the fixed string and the fixed string of the steel string on the day of the instant accident, and then planned to remove the dismantled equipment and materials from the string to the outside. As such, the Defendant’s employees from around 09:00 to 11:00 on the day of the instant accident to the fixed string of the steel string.