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(영문) 수원지방법원 2019.10.18 2018나83055
손해배상(산)
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim added by this court is dismissed.

3...

Reasons

Basic facts are based on the Plaintiff’s son’s son who died on October 14, 2017 (hereinafter “the deceased”) and G is the deceased’s wife, and the Defendant is a juristic person who, around October 2017, employed the deceased, etc. as a daily employee and performed the “F Corporation” on the surface of the E reservoir located in Boh City E (hereinafter “instant Corporation”).

On October 14, 2017, around 14:03, the Deceased, a worker of the Defendant at the construction site of this case, was able to walked down the booming part of the oil reservoir installed on the water surface of the reservoir in order to conduct a booming test.

(hereinafter referred to as the “instant accident”). The Plaintiff and G around October 15, 2017, with respect to the instant accident between the Defendant and the Defendant, the following: (a) is liable for the death of the Defendant due to the said accident; (b) A (referring to the “Defendant” (hereinafter referred to as the “Defendant”).

Since there seems to be a clerical error, there is a duty to compensate for the damages.

Accordingly,

1. B shall agree to receive industrial accident compensation insurance purchased by B from the heir A and actively cooperate in the receipt procedures;

2. Eul shall pay 30 million won to A’s heir G and ASEAN (Plaintiffs) with the amount of industrial accident compensation insurance other than the industrial accident compensation insurance premium, on October 15, 2017.

3. Ascertainment that Party A’s heir G, and Party A, have reached a civil and criminal agreement.

The agreement on the contents of the agreement (No. 1, hereinafter referred to as “instant agreement”) was made.

On October 15, 2017, the Defendant transferred KRW 30,000,00 to the National Bank Account of G to the National Bank Account according to the above agreement.

(B) After October 19, 2017, G filed a claim for survivors’ pension, etc. related to the instant accident with the Korea Workers’ Compensation and Welfare Service. On November 30, 2017, G received KRW 68,14,770 in total from the Korea Workers’ Compensation and Welfare Service as the expenses for survivors’ benefits and funerals of the deceased.

(A) 【No dispute over the ground for recognition】 Where there is any number of evidence set forth in Gap’s 1 through 4, Gap’s 7, 8, and Eul’s 1.

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