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(영문) 서울중앙지방법원 2016.12.08 2015가단5063469

구상금

Text

1. The Defendant’s KRW 35,00,000 and the Plaintiff’s annual rate of KRW 5% from February 26, 2015 to December 8, 2016.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an employee accident security insurance contract with a limited company (hereinafter “new interest enterprise”) by setting the insurance period from February 23, 2014 to February 24:00 to February 23, 2015. The Defendant is a driver who is concurrently the owner of B (hereinafter “the instant house”).

B. Around 9:30 on March 29, 2014, the New Reconstruction Company’s employees C and the Defendant used the instant vehicle to set up a concrete file for ground construction work at approximately 5 tons in weight, and 15 meters in length, in accordance with the direction of the Working Group at the product shipment site in the new interest enterprise located in the king-si, Yasan-si.

C. In order to prevent the damage of concrete files for ground construction work from being destroyed, the work of combining files before being loaded in the upper end. In principle, the method of work is to be loaded in the vehicle following the stringing of files at appropriate intervals and at appropriate intervals with the string of guns when the files have been laid down on the bottom and the file has been suspended.

However, the Defendant and C engaged in the work of combining files in a state where the file was set up by the Defendant’s possession on the file, and C intended to combine the first file with the second file and the second file was set up, and the first file was cut between the proprietor and C’s left hand and the second file.

(hereinafter “instant accident”). D.

① The Plaintiff is a passive loss, based on the monthly income earned by the new interest enterprise from the date of the instant accident until he reaches the age of fifty eight, and thereafter, based on urban daily wage, the Plaintiff calculated by deducting KRW 29,736,030 from the amount of disability benefit paid by the Korea Workers' Compensation and Welfare Service at KRW 81,64,271, which is calculated at the rate of 45.36% of the daily disability due to the instant accident, such as the impairment of the left-hand side and the degradation of the head office and the head office and branch office, based on urban daily wage, 51,908,241, which is calculated at the rate of 45.36%.