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(영문) 서울중앙지방법원 2019.12.11 2018가단5079335
구상금
Text

1. The Defendants jointly share KRW 70,628,820 with respect to the Plaintiff and 5% per annum from August 21, 2018 to July 4, 2019.

Reasons

1. Facts of recognition;

A. The plaintiff is a juristic person entrusted with the industrial accident compensation insurance business by the Minister of Employment and Labor under the Industrial Accident Compensation Insurance Act, and D is a worker belonging to E, a subscriber of industrial accident compensation insurance

B. Defendant C is the owner of the F Excavation machines (hereinafter “instant digging machines”); Defendant A Co., Ltd. (hereinafter “Defendant insurance company”) is the insurer who entered into an automobile comprehensive insurance contract with respect to the instant digging machines from January 3, 2015 to January 3, 2016.

C. D around May 24, 2015, around 14:35, 2015, at the H site located in G, the ground-breaking work was conducted as a water pipe for maintenance at the H site.

However, while Defendant B operated the instant searcher, there was an accident that Defendant B replaced the instant searcher from rier to B, and then cut off the mozek and covered D.

(hereinafter “instant accident”). D.

Until August 20, 2018, the Plaintiff recognized the instant accident as an occupational accident, and paid D insurance benefits of KRW 141,454,390 (i.e., disability benefits of KRW 27,064,110 for disability benefits of KRW 27,064,110 for temporary layoff benefits of KRW 42,076,220).

【Ground of recognition】 The fact that there is no dispute, Gap 2, 3, 5, 8, 9, Eul 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the Defendants’ liability for damages and the fact that the Plaintiff’s right to indemnity was recognized, the instant accident occurred by Defendant B’s negligence by operating the instant excavation equipment.

The defendant insurance company is the insurer of the searcher of this case, and the defendant Eul is the driver of this case, and the defendant Eul is jointly liable for the damages caused by the accident of this case as the owner of this case, and the plaintiff who paid the industrial accident compensation benefits to D can exercise by subrogation the claim for damages against D within the limit of the amount of the benefits under Article 87 (1) of the Industrial Accident Compensation Insurance Act.

B. The period for calculating the scope of the Defendants’ liability for damages is monthly.

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