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(영문) 서울동부지방법원 2019.09.27 2018가합105802
구상금
Text

1. The Defendant’s KRW 157,614,218 as well as the Plaintiff’s annual rate of 5% from July 24, 2017 to September 27, 2019, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a company that had been awarded a subcontract for the management of the building of the building of the CScheon Training Institute located in Sacheon-si, and the Defendant entered into an employment contract with the Plaintiff on May 23, 201, and was dispatched to the Sacheon Training Institute around that time, and served as a sports instructor for all that instructs users to use the name, sports apparatus, etc.

B. From June 27, 2012, the Defendant, from around 19:00 on June 27, 2012, around Sacheon-si D “E” restaurant with the Plaintiff’s employees, etc., drink and drink together with the Plaintiff’s employees.

(hereinafter referred to as the “instant type”). The instant type terminated from around 21:0 to 22:00, the Defendant fell down under the following roads, i.e., vadi, where the Defendant walked a sidewalk installed on a general national highway between the F land and G land.

In the above accident, the defendant suffered from the injury of the scarcity and the damage to the scarcity of the unscarcity in detail, etc., resulting in the debris of the defendant.

C. As to the instant accident, the Defendant filed an application for medical care benefits and temporary disability compensation benefits on the ground that “the Defendant sustained injuries by falling into a river during the movement to the second place (scheduled) with Nonparty Labor Welfare Corporation.”

On August 30, 2012, the Korea Workers’ Compensation & Welfare Service rendered a disposition not to approve medical care on the ground that “An accident that occurred during the movement for the second round does not constitute an occupational accident” to the Defendant.

On September 12, 2012, the Defendant filed a request for review against the Defendant on September 12, 2012, and accordingly, the Korea Workers’ Compensation and Welfare Service revoked the above disposition of non-approval of medical care and issued a disposition of approval of medical care on November 12, 2012, pursuant to the review decision that “the second type of re-examination corresponds to the first type extension line by the instruction of the re-examination manager.”

In Seoul Central District Court, the Defendant filed a lawsuit claiming damages against the Plaintiff, the non-party, the Republic of Korea, and the Sacheon City (hereinafter “instant civil lawsuit”), and the said court was the first round of the lawsuit on April 7, 2017.

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