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(영문) 서울북부지방법원 2016.12.23 2015가단138749

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 105,00,000 and the interest rate of KRW 15% per annum from August 10, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Defendant is a corporation established for the purpose of civil engineering and construction business, etc., and the Defendant subcontracted the construction work of a golf course B to Nonparty D on June 16, 2014, while entering into a contract for construction work of a golf course B to Nonparty D.

B. D employed the network E (hereinafter “the deceased”) and carried out the instant construction from June 17, 2014, and D adjusted the digging season, performed the role of the deceased in selecting the location of the stone or putting it in shape, and carried out work upon the Defendant’s direction.

On the third day of the commencement of work, D and the Deceased agreed to divide the profits of the construction of this case into 7:3.

C. On July 23, 2014, the Deceased: (a) resided at the construction site of the instant case and went to the stable; (b) went to the stable; and (c) fell at a part of 15 meters of the stable; and (d) went to the hospital, and died.

The plaintiff is the deceased's spouse.

After the death of the deceased, the plaintiff, the defendant, and D made an agreement with respect to the death of the deceased on July 25, 2014. The written agreement states that "the defendant and D shall pay a sum of KRW 105,000,000 (in addition to the insurance benefits under the Industrial Accident Compensation Insurance Act due to the death of the deceased, etc. on the part of the death of the deceased, a sum of KRW 105,00,000 (in addition to the insurance benefits under the Industrial Accident Compensation Insurance Act) to the financial account designated by the plaintiff within five days from the date on which the plaintiff received the second pension," and that "the defendant and D, the plaintiff understand that this agreement is conducted on the premise that the compensation for bereaved family under the Industrial Accident Compensation Insurance Act is paid, and that if the compensation for bereaved family under the Industrial Accident Compensation Insurance Act

E. The Plaintiff claimed reimbursement of bereaved family benefits and funeral expenses against the Korea Workers’ Compensation and Welfare Service.