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(영문) 서울중앙지방법원 2018.02.08 2015가단5275347
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 25, 2013, the Plaintiff entered into a contract with the non-party 3rdex Co., Ltd. (hereinafter “the non-party company”), an employer liability insurance (mutual aid association) with the purpose of “to compensate for losses sustained by the insured by bearing legal liability for damages in excess of the amount of compensation paid in accordance with the laws and regulations related to accident compensation due to occupational accidents occurred to the insured workers.”

B. On March 4, 2014, at the construction site of the electric transmission line (construction section 2) of B B, at around 14:00, A had three other workers to connect the steel tower to the upper part of the steel tower and the upper part of the steel tower (if located at a height of about 7:10 meters from the ground surface). On the ground, the base of the steel tower, which had been temporarily assembled by D, was being raised to the lower part of the steel tower at the place where A et al. is located, and transported to the upper part of the steel tower where A et al. is located, while during that process, there was an accident where A et al. suffered an injury, such as the left part of A’s boom, due to the shock of the upper part of A’s boom, and the injury of A’s executive 5 of the aggregate boom, etc. (hereinafter “instant accident”).

C. Meanwhile, the Defendant concluded an automobile insurance contract for business use with the aim of compensating for losses sustained by the insured from an insured motor vehicle accident that occurred during the possession, use, or management of the insured motor vehicle, on the other hand, with the aim of compensating for losses caused by the insured motor vehicle accident, and the instant scraper leased it from the E Company (F) from March 4, 2014 to March 7, 2014.

A shall receive medical treatment from March 4, 2014 to September 19, 2014 after the occurrence of the instant accident, and receive disability benefits, temporary disability benefits, and medical care benefits from the Korea Workers' Compensation and Welfare Service (Hayang Branch).

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