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(영문) 서울중앙지방법원 2018.02.05 2016가단5180101
구상금
Text

1. The Defendants jointly share KRW 59,870,973 to the Plaintiff and the Plaintiff’s annual interest thereon from April 9, 2015 to February 5, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a special corporation established for the purpose of protecting workers upon being entrusted with the industrial accident insurance business by the Minister of Employment and Labor pursuant to the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”).

Defendant B is the owner and driver of the C PPP vehicle (hereinafter “instant Maritime Vehicle”), and Defendant A Co., Ltd. (hereinafter “Defendant A”) is the insurance company of the instant Maritime Vehicle.

B. D was employed by the business owner E and was employed as a worker at the construction site of the construction site of the Sucheon-si F Loans (hereinafter “the construction site of this case”).

On August 30, 2013, at the same construction site around 17:16, Defendant B, while organizing the site after conducting booming construction (specific dismantling construction) at the above construction site, there was a decline in the number of trees remaining after the booming boom of the instant sea booming vehicle, and D, which was working under the booming tree, was put in head at the above booms.

(hereinafter referred to as “instant accident”). C.

Due to the instant accident, D suffered bodily injury, such as flaging, flaging, flaging, etc., in which two or more flags are not open.

With respect to the instant accident, the Plaintiff paid D KRW 119,632,370 in total, including KRW 25,67,750 of temporary layoff benefits, KRW 42,157,50 of disability benefits, and KRW 51,797,120 of medical care benefits.

[Reasons for Recognition] Uncontentious Facts, Entry of Gap 1 to 5, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the basic facts acknowledged prior to the existence of Defendant B’s liability for damages, Defendant B neglected his duty of care to safely drive the vehicle as the driver of the instant sea-going vehicle at the time of the instant accident, and caused the instant accident where the boom boom boom boom boom boom boom boom booms, which led to the occurrence of the instant accident, and as such, Defendant B is liable to compensate D for damages caused by the instant accident

B. The defendant A is liable for damages of the defendant A as the insurer of the instant sea vehicle.

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