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(영문) 서울중앙지방법원 2016.02.18 2014가단5169797
구상금
Text

1. The Defendants jointly share KRW 60,217,883 with respect to the Plaintiff and 5% per annum from July 23, 2014 to February 18, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a corporation entrusted with industrial accident compensation insurance business by the Minister of Labor pursuant to the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”).

Defendant A is the driver of C80t C crails (hereinafter referred to as “fluor”) and Defendant B is the owner of a sea-going vehicle.

In addition, Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”) is an insurer who entered into an insurance contract with respect to a sea-going vehicle, including personal compensation.

B. On June 15, 201, around 10:34, 201, at the bonded warehouse site located in the Seo-gu Incheon Metropolitan City, the Defendant was performing the work of moving presses, such as a sea vehicle and a 200t class crails.

During that period, D, an employee of the two different weight Co., Ltd. (hereinafter referred to as “dual weight”) (hereinafter referred to as “victim”), who was engaged in the work on the press pressle connected to the above cateral booms, was falling on the ground below 4 to 5 meters from the wind of the above 200t booms.

In the above accident, the victims of the accident suffered injuries, such as the left-hand pelke, the left-hand pelke, etc., and were hospitalized and treated as a pain, and even after the treatment, the restriction on movement due to the left-hand lavement has become an obstacle after the treatment.

C. In relation to the above accident, the Plaintiff paid KRW 108,680,710 as an insurance benefit under the Industrial Accident Insurance Act (i.e., lump-sum disability benefits of KRW 38,753,970, a lump-sum disability benefits of KRW 38,889,360, and the final payment date was July 22, 2014.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6, the purport of whole pleadings

2. The parties' assertion

A. Article 87(1) of the Industrial Accident Insurance Act provides that “The Workers’ Welfare Service has paid insurance benefits due to a disaster caused by a third party’s harmful act, the person who received the benefits within the limits of the benefits.

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