1. The defendant,

A. The Plaintiff KRW 37,183,845 as well as 5% per annum from April 7, 2014 to November 10, 2017.

1. Facts of recognition;

A. The Plaintiff is a worker belonging to Dongdong-dong L&S Co., Ltd. (hereinafter “SP”) with the head of Ulsan-gu, Ulsan-gu, and the Defendant is an insurer who concluded a worker’s accident compensation insurance with respect to the liability for damages caused by an accident during the work of the non-party company and its employees.

B. At around 11:00 on April 7, 2014, in order to place the cargo loaded on a container at the non-party company’s place of business on the cargo, there was an accident where the Plaintiff concluded a singke on the said cargo and the Plaintiff’s left bridge was cut off (hereinafter “instant accident”).

C. Recognizing that the instant accident was caused by an occupational accident, the Plaintiff was paid KRW 46,235,00 for temporary layoff benefits and KRW 35,058,70 for medical care benefits and KRW 91,415,290 for disability benefits.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Determination on the cause of the claim

A. An employer of liability for damages, as an incidental duty under the good faith principle accompanying a labor contract, bears the duty to take necessary measures, such as improving the human and physical environment so that an employee does not harm life, body, and health in the course of providing his/her labor, and where an employee suffers damage by violating such duty, he/she shall be liable for compensation.

However, the following circumstances, which can be recognized by comprehensively taking account of the descriptions and images of Gap's evidence Nos. 4 through 7, and the overall purport of arguments, namely, the plaintiff, as an assistant to the driver of the forek driver's vehicle, has played a role of singlert in accordance with the instructions of the driver of the forek driver's license, and the driver of the forek driver's license in the event the fore driver was released or singoned, should have taken measures to prevent the accident by immediately suspending operation.