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(영문) 대구지방법원 2015.11.04 2015나304332

구상금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established under the Industrial Accident Compensation Insurance Act and entrusted with the industrial accident compensation insurance business by the Minister of Employment and Labor, and is in the relationship between the insurer under the Industrial Accident Compensation Insurance Act and the insured.

B. A is the driver of the Category B excavation aircraft (hereinafter “instant vehicle”), and the Defendant is an insurance company that concluded a construction machinery automobile insurance contract with C, the owner of the instant vehicle, with respect to the instant vehicle.

C. D (hereinafter referred to as “victim”) is a worker who worked in the E-House Construction site in Ansan-si under the jurisdiction of the Sejong Construction (State).

On December 27, 2011, at the above construction site around 15:10 on December 27, 201, 201, a wide range of Gu celebs are cut and ice celebs are installed on the wall, and then the celebs are stuffed on the floor of the celebs. On the ground, A, the driver of the instant vehicle, confirmed the receipt of the head of the Working Group where the celebs were located below approximately 1.5 meters from the ground and the number signals of the celebs being loaded on the floor of the instant vehicle, and caused an accident that caused the celebs of the celebs and the celebs of the celebs that the celebs of the celebs were fastened on two hand, and had the celebs of the celebs.

(hereinafter “instant accident”) e.

In the instant accident, the victim suffered from the injury of “the aggregate of the upper part of the 3, 4th part of the water table, the aggregate of the 5th part of the left side, the aggregate of the 5th part of the water table,” and received hospital treatment for 48 days from December 27, 201 to May 7, 2012, and hospital treatment for 85 days.

F. The Plaintiff recognized the instant accident as an occupational accident, and until June 25, 2012, 47,693,830 won in total as the amount of industrial accident compensation insurance benefits = medical care benefits5,131,180 won.