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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
3. Text of the judgment of the court of first instance;
Reasons
1. The reasoning for the court's explanation concerning this case is as follows: L of the first instance court's judgment No. 11-12, "Co., Ltd."; "79,820,610 won" of the 8th and 20th of the 19th of the 19th instance court's judgment "61,964,064 won (=14,582,818 won x 3/7)"; and the second of the 8th and 20th of the 19th of the 20th of the 20th of the 20th of the 20th of the 20th of the 201th of the 201th of the 201th of the 19
2. The Defendants asserts that the Plaintiff cannot subrogate the Defendant’s heir’s claim for damages pursuant to the proviso of Article 87(1) of the Industrial Accident Compensation Insurance Act, since it constitutes a case where an accident occurred to the Deceased, a worker of G, a stock company, due to the act of Defendant A, in the process of dividing the shipment of cargo into one business of loading cargo by G, Defendant C and E (hereinafter “E”).
Article 87(1) of the Industrial Accident Compensation Insurance Act provides that "Where insurance benefits have been paid by disaster caused by an act of a third party, COMWEL shall subrogate the right to claim damages against the third party by the person who has received the benefits within the limit of the benefits paid: Provided, That this shall not apply where an accident occurs due to the act of a worker who is a policyholder while two or more employers are performing one business after dividing it in the same place of
Here, the term "one business" under the proviso of the above provision means that two or more business owners, who are the insured, carry out the business prescribed in Article 6 of the Act, respectively, and that the same place and the same business (subject matter) within the same risk zone are carried out in order to complete the same business, and that "division by division" means that one business among two or more business owners does not constitute a part of the other business, and each business is different.