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(영문) 서울중앙지방법원 2015.04.28 2013가단117732
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurance company that entered into a business compensation insurance contract and a business accident security insurance contract for domestic workers. The Defendant is a company that entered into a new construction contract for Yongsan City A, which was ordered by the new bank, under which the new bank entered into an order.

B. Mine surface Co., Ltd. was subcontracted by the Defendant for the foregoing new construction works and executed them from May 14, 2012, and B is the optical Design Co., Ltd., and C is the head of the field office to which the Defendant belongs and the person in general charge of safety and health.

C. On November 10, 2012, B around 10:35, at the second floor of the underground floor of the construction site of the said new construction site, he died of brain damage (hereinafter “instant accident”). Around November 10, 2012, as a result, the safety distress of the accusation work unit excessively rising during the process of performing the crypting of pipes using the crypt, and the equipment piping support unit installed in the ceiling.

Article 186(1)6 of the Rules on the Standards for Industrial Safety and Health provides that a person who installs a complaint work unit shall install a drum or an excessive increase prevention device to prevent disasters, such as kids, collision, etc. In the event of the instant accident, the said safety device was removed at the time of the instant accident.

E. On November 26, 2012, B’s bereaved family members, the Defendant, and the Mine-Myeon Co., Ltd. agreed to KRW 103,93,040, industrial accident compensation insurance money, KRW 50,000, and KRW 29,000,000, and KRW 182,93,040,000 paid by the Plaintiff (hereinafter “instant insurance money”) as compensation for the instant accident, and the Plaintiff paid the instant insurance money to the bereaved family members of B on February 5, 2013.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 6 (including a Ga number)

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion site of this case is a place where the head of the site office to which the defendant belongs directs and supervises work, and the defendant does not have a head of the site office.

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