손해배상 등
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. According to the counterclaim that was filed at the trial of the court, the plaintiff (a counterclaim defendant).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On March 26, 2013, the Plaintiff entered into a contract with the Defendant, who runs the construction business under the name of “C” (hereinafter “instant contract”). The Plaintiff entered into a contract with the Defendant, who is engaged in the construction business on the contract period of KRW 52,630,000 for the construction cost of the retaining wall and the drainage channel of the factory located D (hereinafter “instant construction”).
On the same day, the Plaintiff paid 10,000,000 won as down payment to the Defendant.
B. On April 22, 2013, Nonparty E, a worker employed by the Defendant, was at the end of the retaining wall during the instant construction, and the occurrence of an accident resulting in injury while doing work and causing injury (hereinafter “instant accident”).
On April 25, 2013, the Defendant: (a) prepared a written confirmation to the effect that “the Plaintiff would not raise any civil or criminal objection against the instant accident in cooperation with the Plaintiff in dealing with the industrial accident insurance; and (b) if E and his family file a civil or criminal objection against the instant accident, the Defendant will be held responsible for all the instant accident (hereinafter “instant written confirmation”); and (c) on the same day, “E shall not thereafter raise any civil or criminal objection against the instant accident in cooperation with the Plaintiff in dealing with the industrial accident insurance.”
On April 29, 2013, the Plaintiff filed an application with E for medical care benefits and temporary layoff benefits under the Industrial Accident Compensation Insurance Act (hereinafter “instant application for industrial accident compensation”).
C. At the time of the application for industrial accident compensation, the Plaintiff is only subscribed to the industrial accident compensation insurance for an occupational accident suffered by his employee at his workplace, and thus, sought an explanation from the Korea Workers' Compensation & Welfare Service that a separate industrial accident compensation insurance is necessary for the industrial accident related to the instant construction project, and around that time, concerning the instant construction project.