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1. The Defendant: (a) KRW 39,600,000 for the Plaintiff and KRW 5% per annum from June 14, 2013 to July 24, 2015.
Reasons
1. Facts of recognition;
A. On August 24, 2012, the Plaintiff entered into a contract with the Specialized Construction Mutual Aid Association (hereinafter “liability insurance contract”) with the content that, during the insurance period (from August 24, 2012 to May 14, 2014, the insured employees would be compensated (200,000 won per person per maximum amount of compensation) for losses exceeding the amount of compensation under the Industrial Accident Compensation Insurance Act, due to occupational accidents that occurred to the insured employees during the insurance period (from August 24, 2012 to May 14, 2014).
B. On August 20, 2012, Hoam Construction concluded a lease agreement with a driver to lease B concrete pumps (hereinafter “instant vehicle”) which is an insured vehicle of the comprehensive automobile insurance contract (including the large indemnity clause having the nature of liability insurance) entered into with A to carry out concrete construction works at the construction site of Gangseo-gu, Gangseo-gu, Seoul Metropolitan Government, which was contracted by Gyeongnam Enterprise Co., Ltd. (hereinafter “Gyeongnam Enterprise”), with the driver during the period of use of KRW 1,80,000 per day from August 20, 2012 to May 14, 2014.
C. On November 21, 2012, around 10:30 on November 21, 2012, the driver C of the instant vehicle and D et al., who are workers of Jeongamam Construction, had the ground of the part of the part of the Arabic road installed on the part of the driver’s seat of the instant vehicle while performing concrete snowing work by using the instant vehicle, and caused the instant vehicle to be foomed, and died due to the shock of the boom of the boom of the instant vehicle.
(hereinafter “instant accident”). D.
On December 27, 2012, Hoam Construction and Gyeongnam Enterprises agreed to the total amount of damages of the deceased and their bereaved families, including the bereaved families of the deceased and the industrial accident insurance proceeds (bereaved benefits and funeral expenses) caused by the instant accident, to be KRW 257,00,000. The bereaved families of the deceased agreed to the total amount of damages of the deceased and their bereaved families under the name of the industrial accident insurance proceeds (bereaved benefits and funeral expenses).