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1. The Defendants jointly share KRW 149,282,270 with respect to the Plaintiff and 5% per annum from April 12, 2018 to May 28, 2018.
Reasons
1. Facts of recognition;
A. The Plaintiff is a special corporation entrusted with the industrial accident compensation insurance business by the Minister of Labor pursuant to the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”), and the Defendant A is the owner of the Category B Mining Vehicle (hereinafter “instant excavation vehicle”), and the Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Company”) is the insurer who entered into a comprehensive automobile insurance contract with the Defendant to compensate for damages arising in relation to the operation of the instant excavation vehicle.
B. On July 22, 2014, at around 16:50 on July 2, 2014, workers C belonging to Namyang General Construction Co., Ltd., an industrial accident insurance-related business entity (hereinafter “victim”) suffered an injury, such as falling short of the victim’s floor and falling down on the wind of the Defendant A, who operated the instant digging pool, did not regard the victim and operated the digging range, due to shocking the h beam beam on the wind of operating the digging range (hereinafter “the instant accident”).
C. The Plaintiff recognized the injury of the victim due to the instant accident as an occupational accident, and paid the victim an insurance benefit of KRW 292,94,880 in total to April 11, 2018 ( KRW 118,456,580 for temporary layoff benefits under the Industrial Accident Insurance Act and KRW 174,48,300 for medical care benefits under the Industrial Accident Insurance Act).
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 9 (including additional number), the purport of the whole pleadings
2. Determination
A. According to the facts of the recognition of the liability for damages and the occurrence of the right to indemnity, Defendant A, a driver of the excavation search in the instant case, must conduct work by checking the embankment well, and even though he has an occupational duty to pay attention not to ske beam on the victim’s getting out of the sloping beam, he neglected to conduct the instant accident due to negligence.
(2) The term "as such."