1.The judgment of the first instance, including the plaintiff's claim expanded and reduced in this Court, shall be modified as follows:

1. Basic facts

A. The Plaintiff is a corporation entrusted with industrial accident compensation insurance affairs by the Minister of Employment and Labor pursuant to the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”), and B is a worker belonging to C (hereinafter “C”) who is an industrial accident compensation insurance policyholder under the Industrial Accident Compensation Insurance Act.

B. D is the driver of the excavated machine (hereinafter “Defendant excavated machine”), and the Defendant is the insurer who concluded an insurance contract with the Defendant excavated machine.

C. On October 16, 2014, around 10:30, at the site of “F Corporation” located in the Jinhae-si, Changwon-si, in the process that D moves the Defendant excavated machine to a slope by combining one ton of the Banbs to the Defendant excavated machine, an accident occurred in which the Defendant excavatedr, who was sprinked for the excavated machine, was working in the back of the excavation machine at the back of the excavation machine.

(hereinafter “instant accident”). D.

In the instant accident, B suffered injury, such as “No. 4 Tuestroke, No. 1, 2, 3 Twitstrokes, and strokes to the left-hand erokes, the left-hand erostrokes, the left-hand eropis, the fembage fembage, the mash, and the horse total damage.”

E. Until July 22, 2019, the Plaintiff recognized the instant accident as an occupational accident, and paid the victim KRW 69,777,140 of temporary layoff benefits, KRW 191,630,00 of medical care benefits, KRW 47,09,624 of the lump-sum conversion amount into disability benefits, and KRW 308,506,764 of the lump-sum conversion amount into disability benefits.

F. The Defendant paid KRW 24,162,710 as medical expenses in B.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 6 through 9, 10 (including branch numbers, hereinafter the same shall apply), Eul evidence 2, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the facts of recognition of the above liability, since the accident of this case occurred due to the negligence of the driver of the defendant excavated machine, the defendant, the insurer of the defendant excavated machine, is liable to compensate for the damage B caused by the accident of this case.

(b) limitation of liability, provided that B is also a movement or situation of the defendant excavated.