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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
Facts of recognition
The Plaintiff, as a party, is an insurer who has concluded an employment accident security insurance contract with an insured worker with the nature of compensating for losses sustained by bearing legal liability for damages exceeding the amount of accident compensation under the Act on Accident Compensation, such as the Industrial Accident Compensation Insurance Act, among the damages incurred by the insured worker due to an occupational accident that occurred during the period from June 29, 2014 to June 29, 2015, setting the maximum amount of compensation per capita for each employer’s compensation liability as KRW 300,000,000 for each insured worker.
The defendant is the owner and driver of the Category B vehicles (hereinafter referred to as “instant excavation vehicles”).
The Twit Construction Co., Ltd. was a subcontract for civil engineering works among the construction works of Seocho-gu Seoul Metropolitan City Urban Residential Housing in Seocho-gu.
At around 15:30 on August 5, 2014, D (hereinafter “victim”) as an employee of the Twit Construction’s staff was performing fooming operation on the sloping beam beam in order to install a provisional facility structure at the sloping construction site during the instant construction work. However, while the Defendant moving the sloping season of this case, boomed the boom beam above the boom beam during the course of moving the sloping season, the victim was deprived of balance, crashed on the ground, thereby causing injury to the left-hand sloping, etc.
(hereinafter “instant accident”). Since the ground-breaking work is narrow due to earth and sand and structures, it did not take such safety measures as allocating signal numbers, it did not take any such measures. The instant accident occurred while the Defendant moved the instant excavation searcher under the direction of the head of the field office affiliated with the Song Forest Construction site. At the time of the instant accident, the victim did not walked on the fixed structure of the safety belt for the prevention of abortion.
The victims of the insurance money shall be the victims.