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(영문) 서울중앙지방법원 2016.11.22 2016가단5028845
구상금
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1. The Defendant’s KRW 119,835,00 for the Plaintiff and KRW 5% per annum from December 4, 2015 to November 22, 2015.

Reasons

1. Facts of recognition;

A. On August 27, 2014, the Plaintiff is an insurer who entered into a contract for employer liability insurance (hereinafter referred to as “first insurance contract”) with a specialized construction mutual aid association, which is stipulated in the insured public construction company (hereinafter referred to as “public construction”), KRW 200 million per capita limit on compensation, KRW 500 million per accident, insurance period from August 27, 2014 to August 26, 2015.

The Defendant is an insurer who entered into a comprehensive insurance contract for business motor vehicles (hereinafter referred to as “second insurance contract”) with respect to B concrete pumps (hereinafter referred to as “accidentd motor vehicles”) owned by A on September 3, 2014, which is stipulated in the insurance period A and between September 4, 2014 and September 3, 2015.

B. On April 16, 2015, the official land building leased the vehicle involved in the accident from A to be used at the construction site of the Kimhae-si Seoul apartment (hereinafter “instant construction site”) (hereinafter “instant construction site”).

C. At around 10:00 on April 16, 2015, the driver of the vehicle involved in the accident was performing concrete strawing work using the accident vehicle at the construction site of this case.

During that, the front support part of the accident vehicle caused the ground of the accident vehicle, and the accident vehicle boomed away from the boom boom price of the accident vehicle, and boomed the head of E of the worker E who was engaged in concrete booming work.

As a result, E died from cerebral cerebral cerebralopsis.

(hereinafter “instant accident”). D.

On December 3, 2015, the Plaintiff paid KRW 1578,000,00 to the deceased’s heir according to the first insurance contract.

This is calculated as KRW 302,385,113 on the report on the survey of construction wages by applying the earnings of the deceased from the date of the instant accident to the date of 60 years of age from the date of the instant accident, and then the amount calculated as KRW 157,027,347 remains after deducting KRW 150,1840,000 for a bereaved family paid by the deceased’s bereaved family members from the Korea Workers’ Compensation and Welfare Service, considering the negligence as 15%.

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