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(영문) 수원지방법원 2016.11.18 2016가단512183
손해배상(산)
Text

1. The Defendants are jointly and severally liable to Plaintiff A for KRW 13,200,00, and KRW 8,800,000 to Plaintiff B, and each of them on November 26, 2014.

Reasons

1. Occurrence of liability for damages;

A. The Defendant Samsung Fire & Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”) is a company engaged in landscaping business, etc., and the Defendant Samsung Fire & Marine Co., Ltd. (hereinafter “Defendant Samsung Fire”) is an insurer who entered into a labor accident mutual aid agreement with the Defendant, and C is an employee employed by the Defendant.

Things C, around September 6, 2013, around 17:30 on Sep. 6, 2013, was crashed after organizing the work tools to load a truck in the vicinity of the E building located in the ethic City D.

(hereinafter referred to as “instant accident”) Collegiate C died on August 30, 2014 while receiving treatment after the instant accident.

x) The plaintiff A is the spouse of C, and the plaintiff B is the child of C.

[Grounds for Recognition: Evidence Nos. 1 to 9, Evidence No. 1 to 10, each entry of Evidence No. 1 to 10, the purport of the whole pleadings]

B. According to the above facts of recognition, the defendant company, as an employer of the plaintiff, has neglected to maintain the working environment to prevent any danger and injury to the life and body of the plaintiff's employee while on duty, and to take safety consideration as an employer to be protected from occupational accidents, and thus, the accident of this case occurred. As such, the defendant company as an employer, the defendant Samsung Fire, as an insurer, shall be liable to compensate for the damages suffered by C and the plaintiffs

2. Scope of liability for damages

A. According to the written application for the modification of the purport and cause of the claim of consolation money as of July 3, 2016, the Plaintiffs only claim consolation money due to the instant accident.

(1) Reasons for consideration: (a) the degree of negligence of the deceased’s accident of this case by the deceased C (hereinafter “the deceased”); (b) the deceased and the plaintiffs’ age; (c) the background and result of the accident of this case; and (d) other circumstances shown in the argument of this case: 17,00,000 won for Plaintiff A: 3,000,000 won for Plaintiff B: 2,000,000 won

B. (i) Amount of inheritance: 17,000,000 won Domen heir of the deceased: the plaintiffs

1.(a)

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