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(영문) 서울중앙지방법원 2020.01.15 2019나10643

구상금

Text

Among the judgment of the first instance, the part against the defendant exceeding the amount ordered to be paid under the order shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who entered into an insurance contract with C Co., Ltd. (hereinafter “C”) on November 26, 2016, and the Defendant is the representative of D who carries out various interior works, etc.

The C Insurance Period of the Korean Insurance Workers' Accident Compensation Insurance Insurance Co., Ltd. (hereinafter referred to as the "Insurance Period") from November 27, 2016 to November 27, 2017: 100,000,000 per each maximum amount of compensation, and 100,000,000 won per one accident.

B. F, around 13:00 on December 24, 2016, at the second floor of the establishment of the Sungnam-gu G (hereinafter “instant factory”), around 13:00, the two sides of the four-six glasss (a.e., approximately 60cm in length, about 360cm in length) installed before the power distribution box for the work of replacing glass and the two sides of the G factory located in Sungnam-gu, Sungnam-gu (hereinafter “instant factory”) were damaged by the right direction, i.e., the e., the e., the e., the e., the e., the e., the e., the e.g., the e., the e., the e., the e., the e.g., the e. the e., the e.

(hereinafter referred to as “instant accident”). C.

F was paid KRW 2,11,40 for medical care benefits, KRW 10,134,320 for temporary layoff benefits, and KRW 4,083,40 for disability benefits with respect to the instant accident. On April 9, 2018, the Plaintiff agreed to KRW 17,990,000 for the instant accident except F and industrial accident benefits (Calculation of F’s negligence as 40%) and paid the said amount to F on April 19, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s accident occurred due to the negligence that the Plaintiff’s insured C did not safely control the employee’s work site, and the negligence committed by the Defendant, without taking any safety measures against the risk of human life damage, before the power distribution box, while leaving the place before the power distribution box.

Therefore, C and the defendant are jointly liable for tort against F.