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(영문) 서울중앙지방법원 2018.08.24 2016가합548617
구상금
Text

1. The Defendant’s KRW 118,646,067 as well as 5% per annum from June 2, 2018 to August 24, 2018, respectively, to the Plaintiff.

Reasons

Basic Facts

The plaintiff as a party is a special corporation entrusted by the Minister of Employment and Labor under the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Industrial Accident Insurance Act"), and the company B (hereinafter referred to as "B") is an industrial accident compensation insurance policyholder under the Industrial Accident Compensation Insurance Act, and C (hereinafter referred to as "disaster") is an employee employed in B.

The Defendant is an insurer who has entered into a comprehensive automobile insurance contract (hereinafter referred to as the “instant insurance contract”) with E, the owner of the D digging machines (hereinafter referred to as the “instant digging machines”).

On August 24, 2013, E was in the process of moving a container loaded at the construction site of the F Site Development Project (hereinafter “instant construction”). After completion of the aforementioned movement work, the disaster victim who was engaged in the operation of packing a shower with the instant excavation search machine and the container at the container was shocked on the ground by shocking it with the burners (backer) of the instant excavation searcher.

(hereinafter referred to as the “instant accident”). A disaster suffered from injury, such as the damage of sea water, plehion, 12 alleys, bathing rooms, acute ethrosis, low-income ethrosis, neutism, chronic neutism, chronic neutism, neutism, and neutronical luminous disorder.

Under the Industrial Accident Insurance Act, the Plaintiff recognized the instant accident as an occupational accident, and paid 107,649,850 won for medical care benefits, 28,028,730 won for nursing benefits, 15,176,700 won for temporary disability benefits (from August 25, 2013 to June 17, 2014) and disability benefits 107,602,00 won for disability benefits (the amount of lump-sum disability pension).

[Reasons for Recognition] A without dispute, entry of Gap evidence 1 through 5, 10 through 23 (including numbers; hereinafter the same shall apply), witness E's testimony, the purport of the whole pleading, the purport of the pleading, and the recognition of liability for damages arising from the right to indemnity

1.(b)

(b) recognize in paragraph (3);

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