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(영문) 서울중앙지방법원 2020.02.18 2019나27771 (1)
구상금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is a special corporation established for the purpose of protecting workers after being entrusted with the industrial accident compensation insurance business by the Minister of Employment and Labor pursuant to the Industrial Accident Compensation Insurance Act, and C (hereinafter “victim”) is an employee belonging to D (hereinafter “D”). E is the driver of f4.5 tons truck owned by the Defendant Company B (hereinafter “Defendant Company”). The Defendant Federation A (hereinafter “Defendant Federation”) is a mutual aid business operator who has concluded a mutual aid agreement with the Defendant Company regarding the instant truck.

B. At around 17:00 on October 16, 2014, E: (a) the victim, who was loaded on the truck of this case in the vicinity of the H facility located in Gangseo-gun G, was loaded and unloaded, and did not fix the chairs and his clients who were loaded on the truck of this case by the string, etc.; (b) while driving the truck of this case with two victims and two clients aboard the truck of this case, while driving the truck of this case at the entrance of the indoor gymnasium within the said playground, there was an accident that the victim, who was loaded on the truck of this case, caused the accident that the strawer, who was loaded on the truck of this case, did not board the table so that he would not board the container (hereinafter “the accident of this case”).

C. In the instant accident, the victim suffered injuries, such as the 1st emission frame, etc., due to the instant accident, and was treated at I Hospital, etc.

By February 19, 2018, the Plaintiff recognized the instant accident as an occupational accident, and paid 7,265,170 won of medical care benefits, temporary layoff benefits, 31,487,820 won of disability benefits, 21,681,00 won of disability benefits, and 60,43,90 won of industrial accident compensation insurance benefits.

E. The Defendant Federation, as a mutual aid business entity of the instant truck, paid KRW 24,395,520 to the victim of the instant accident in the I Hospital, etc.

[Ground of recognition] There is no dispute.

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