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(영문) 서울고등법원 2015.08.13 2014나2007740
구상금
Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended at the trial room, shall be modified as follows:

Reasons

1. The facts under the basis of the facts are either in dispute between the parties or in accordance with Gap evidence Nos. 1 to 6, 8, and Eul evidence No. 1 (including additional numbers), with a comprehensive consideration of the whole purport of the pleadings.

[1] Defendant A owned and operated the instant excavation search machine (hereinafter “instant excavation search machine”), and Defendant Samsung Fire Maritime Co., Ltd. (hereinafter “Defendant Co., Ltd”) concluded an automobile accident compensation insurance contract with Defendant A regarding the excavation machine.

The anti-do Construction Co., Ltd. (hereinafter referred to as the “competing Construction”) was a business owner who has purchased industrial accident compensation insurance pursuant to the Industrial Accident Compensation Insurance Act (hereinafter referred to as the “Industrial Accident Compensation Insurance Act”), and subcontracted the urban gas construction of the Sungnam-si apartment to the eropicing Co., Ltd. (hereinafter referred to as “competing engineering”).

On March 24, 2009, C, an employee belonging to ecry engineering, integrated four gas pipes of 8m in length and 255m in diameter at the site of the above construction site, and oding up on the mass string of the so-called odding machine operated by Defendant A.

In the instant case, Defendant A turned out the gas pipeline to the instant excavation machine, and the Banbling fell from the mass string, and there was an accident where the said gas pipeline fell from C (hereinafter “instant accident”).

Due to the instant accident, C has suffered injury, such as blood transfusion and damage to light water due to the cerebral cerebral cerebral lele.

[2] The Plaintiff, a corporation running the industrial accident compensation insurance business under the Industrial Accident Compensation Insurance Act, recognized the injury of C due to the instant accident as an occupational accident.

Accordingly, until June 25, 2015, the Plaintiff paid C medical care benefits under the Industrial Accident Insurance Act, KRW 86,194,880, nursing fees of KRW 28,068,160, nursing benefits of KRW 43,162,160, temporary layoff benefits of KRW 47,073,50, disability benefits of KRW 142,274,810, and KRW 346,73,510.

Of the above nursing benefits paid by the Plaintiff 43,162,160 won, 17,697,650 won shall be August 28, 2013.

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