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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The defendant is a mutual aid operator who has entered into a motor vehicle mutual aid contract with respect to the liability for damages arising from the accident of a bridge A for the purpose of transporting bridges owned by the gardening Co., Ltd. (hereinafter “the instant bridge”). B is a worker who has worked in D operated by C.
B. D, on February 20, 2008, performed the acting as a director on the housing located in Young-gu, Busan, Busan, and the above housing was located in the third floor above the ground and decided to use the instant bridge that F drives on the ground of the relationship with the third floor above the above housing, and B and G performed the work of transporting the objects on the date of the above board of directors.
C. However, inasmuch as electric wires outside the window of the above house cause difficulties in the removal of news due to the electric wires, B was on board the ship of the instant bridge and arranged electric wires up to the third floor above the ground. In the process of regulating the height of loading on the bridge by F, the driver of the said bridge, the accident occurred that B, who worked above, fell into the floor of B (hereinafter “instant accident”).
Due to the instant accident, B suffered from an injury of brain ties, external wound, etc., and continued to receive medical treatment at a hospital until the date of the occurrence of the said accident.
E. By April 3, 2017, the Plaintiff recognized the instant accident as an industrial accident and paid B temporary layoff benefits and injury-disease compensation annuities of KRW 143,264,040 (temporary layoff benefits and injury-disease compensation annuities incurred until March 31, 2017) and medical care benefits of KRW 536,685,630 (the final payment date March 16, 2017).
F. On August 19, 2011, the Plaintiff filed a first claim for reimbursement against the Defendant in relation to the insurance benefits paid by November 16, 2010, and filed a lawsuit against the Defendant, “the Defendant” as of August 19, 201, 50% per annum from November 17, 2010 to August 19, 201, and 20% per annum from the next day to the date of full payment.