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(영문) 서울중앙지방법원 2016.11.10 2016가단5092747
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 44,287,220 won and the period from December 12, 2014 to November 10, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a public corporation established under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”) that carries out the industrial accident compensation insurance business after being entrusted by the Minister of Labor.

B. C is the head of a stone craftsmen at the construction site site in Gwangju City, the business site of the industrial accident compensation insurance under the Industrial Accident Compensation Insurance Act (D).

Defendant B is the owner of the F Excavation Aircraft (hereinafter referred to as the “instant digging aircraft”), who leases the instant digging aircraft at the above construction site. Defendant A is the driver of the instant digging aircraft, and Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter referred to as the “Defendant Samsung Fire and Marine Insurance”) is the insurer who has concluded a construction machinery insurance contract for the instant digging aircraft.

C. At around 08:00 on May 21, 2013, Defendant A, at the above construction site, replaced the flat day of the instant digging pool by the instruction of the head of tin-ro in order to secure the removal of containers and the space to bring in stone, C, who had been engaged in the preparation work for the removal of temporary materials and stone tamping work, was reported to be replaced by the side of the lock-out site. However, while Defendant A put in the tamp of the tamp of the tamp of the tamp of the tamp of the tamp of the tamp of the tamp of the tamp of the tamp of the tamp of the tamp of the tamp of the tamp of the tamp of the container, there was an accident (hereinafter “instant accident”).

By December 11, 2004, the Plaintiff paid 3,029,500 won as medical care benefits, 8,922,060 won as temporary disability benefits, and 65,043,00 won as disability benefits.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-7, the purport of the whole pleadings

2. According to the above facts finding that the liability for damages was established, Defendant A neglected to pay attention to prevent the bruption from protruding around people in the process of replacing the flapsing day of this case, and thereby, Defendant A sustained injury to C.

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