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(영문) 서울남부지방법원 2016.05.13 2013가단228072
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 65,058,024 won and 5% per annum from April 11, 2015 to May 13, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a public corporation entrusted with the industrial accident compensation insurance business by the Minister of Employment and Labor under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”), and the non-party B (hereinafter “victim”) is an insurance company that entered into an automobile insurance contract with the Defendant with respect to the instant accelerator, where the non-party B (hereinafter “Defendant”) entered into an automobile insurance contract with the Defendant, as an employee of the company performing the construction of red-name construction (hereinafter “non-party company”) among the construction works for the construction works for the monthly and non-party 1, 102-45 (hereinafter “the instant construction works”).

B. On December 24, 2010, at around 09:30 on December 24, 2010, the victim was engaged in the activity of opening the sn beam team in the inside of the GSknx Incheon oil reservoir in the construction site of the instant construction site. While Nonparty D was carrying the sn beam in the sn beamline during the digging season of this case and transported it by Defendant A, there was an accident that the sn beam covered the victim who was working in the lower part (hereinafter “the instant accident”).

C. Until April 10, 2015, the victim suffered injuries, such as the upper fladulization fladul on the left-hand side, safety fladuling 12, and the left-hand flaging fladule, etc., due to the instant accident, the Plaintiff paid KRW 60,045,630 as insurance benefits under the Industrial Accident Insurance Act, as well as KRW 40,594,290 as disability benefits, and KRW 37,172,830 as medical care benefits.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence 2 through 5, 7 (including paper numbers), Eul evidence 1, the purport of the whole pleadings

2. Occurrence of liability for damages and limitation on the Defendants’ liability

A. According to the above facts, the defendant A is liable for damages, and the defendant A is entitled to search the digging machine of this case.

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