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(영문) 서울중앙지방법원 2015.10.07 2012가단139469
보험금
Text

1. The defendant shall pay 65,00,000 won to the plaintiff and 20% per annum from June 29, 2012 to the day of full payment.

Reasons

1. Occurrence of liability for damages;

A. (1) On June 30, 2009, the defendant entered into a contract for guaranteeing workers' disaster with the insurer who suffered losses by the insured as a result of his legal liability for damages exceeding the amount of accident compensation paid by the insured under the Acts and subordinate statutes related to accident compensation by determining the maximum amount of accident compensation as KRW 100,000 per person, in excess of the amount of accident compensation paid by the insured pursuant to the Acts and subordinate statutes related to accident compensation.

(2) On October 20, 2009, at around 09:20 on October 20, 2009, workers C, a subcontractor of the non-party company, loaded the cargo on the D having vehicles at the instant construction site without a driver’s license, and driving a melting vehicle and driving it on the way to stop off, the Plaintiff, a worker of the non-party company, who was located on the bend of the bend bank, was shocked to the front part of the melting vehicle, thereby causing injury to the Plaintiff, such as the opening of the upper part of the upper part.

(hereinafter referred to as the "accident of this case"). 【The ground for recognition - Nos. 7, 8, 17, 17, 1, 3, 4 and the purport of the whole pleadings, and the purport of the whole pleadings.

B. As an incidental duty under the good faith principle accompanying a labor contract, an employer is obligated to take necessary measures, such as improving a physical environment so that an employee does not harm life, body, or health in the course of providing his/her labor, and is liable to compensate the employee for damages caused by his/her breach of such duty.

(see, e.g., Supreme Court Decision 97Da12082, Feb. 23, 1999). In full view of the above recognized facts and the legal principles, we have to hold the said facts.

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