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(영문) 광주지방법원 2015.11.11 2015가단516927
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On September 5, 2012, at around 10:30, the Defendant used a vehicle in the Center located in Gwangju Northern-gu, Gwangju, to take charge of the roller. The fact that the Defendant operated the vehicle in the situation where the worker E (hereinafter referred to as “D”) who is an employee belonging to the KIND (hereinafter referred to as “D”) was in charge of the operation of the vehicle in the direction of the roller. During the operation of the said vehicle, the victim was dissat down on the boom, and the fact that the Defendant was dissat down on the upper part of the skin material and caused a change in the upper part of the skin material (hereinafter referred to as “the accident” in this case), and that the victim suffered injuries, such as the unstable frame and duballel, etc. due to the accident, and that the Plaintiff did not have any dispute over the medical care benefits of the witness during the period from 2012 to 37, 106 to 37, 2015 to 36, 7.7.7

2. The plaintiff asserted that the defendant's independent business operator constitutes a third party who is liable for damages to the victim under Article 87 (1) of the Industrial Accident Compensation Insurance Act, and that the plaintiff can exercise the damage claim suffered by the victim due to the accident in this case on behalf of the victim in subrogation of the victim within the scope of the benefits paid to the victim, and the defendant also does not constitute a third party under the above provision as an employee of the defendant D.

3. According to the statement No. 2, the defendant issued a tax invoice on the premise that he is a separate entrepreneur upon receipt of the payment of KRW 2 million from D, on the premise that he is a separate entrepreneur, with the registration of the entrepreneur under his own name.

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