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(영문) 부산지방법원 2017.11.30 2017가단306330
구상금
Text

1. The Defendant’s KRW 40,060,818 as well as the Plaintiff’s KRW 5% per annum from November 2, 2016 to November 30, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a special corporation entrusted by the Minister of Employment and Labor with the industrial accident compensation insurance business under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”), and the Youngdong Co., Ltd. (hereinafter “Ydong”) is an industrial accident compensation insurance policyholder under the Industrial Accident Compensation Insurance Act, and A (hereinafter “victim”) entered into a daily employment contract with Youngdong and Dong, and worked at the construction site of the public transport-only zone in Busan Jin-gu, Busan.

B. On May 15, 2014, at around 13:57, B driven a C Excavation Engine (hereinafter “Defendant Excavation Engine”) and proceeded with the Japanese intersection road located in Busan-gu Busan-do, Busan-do, by linking the Japanese intersection with the front intersection area from the front intersection to the front intersection area.

At this time, in order to prevent the temporary soundproof wall from spreading, the victim and one other worker were placed side of the temporary soundproof wall, moved along with the Defendant digging hole, and the temporary soundproof wall was damaged by road digging valleys, etc., and the victim was above the wind to sculping the provisional soundproof wall. B, without finding it, proceeded with the Defendant digging sculpher and proceeded as it is, without any discovery, to the right edge of the Defendant digging sculpter, thereby causing injury, such as the Defendant’s sculption to the right edge, the right side 2, and the 3rd voltage damage.

(hereinafter “instant traffic accident”). C.

By November 1, 2016, the Plaintiff recognized the instant traffic accident as an occupational accident, and paid the victim temporary disability compensation benefits of KRW 42,669,470, medical care benefits of KRW 50,51,720, and disability benefits of KRW 53,801,00, respectively.

The defendant is a comprehensive insurer of the defendant mining machines.

[Ground of recognition] Facts without dispute, entry and video of Gap evidence 1 through 6 (including branch numbers where there are branch numbers), purport of whole pleadings

2. Determination on the occurrence and scope of liability for damages

A. The occurrence of the liability for damages.

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