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(영문) 광주지방법원 순천지원 2018.09.04 2017가단78572
구상금
Text

1. The Defendant’s KRW 57,146,978 as well as the Plaintiff’s annual rate of 5% from March 25, 2016 to November 6, 2017.

Reasons

1. Basic facts

A. Nonparty B (hereinafter “the deceased”), around 7:50 on July 17, 2015, had been killed due to telegraphic image, double damage, and plehion damage, etc. (hereinafter “the instant accident”) at the bottom of the front engine room of the instant vessel owned by the Defendant, where inflammable substances remain at the front engine room of the instant vessel owned by the Defendant, due to an explosion in which inflammable substances were protruding out of the front engine room of the instant vessel, resulting in a flammableing of inflammable substances, falling down on the bottom below approximately 8 meters by an explosion from which a incombustible fire is protruding out of the front engine (hereinafter “instant accident”).

With respect to the instant accident, D’s representative director D received a summary order of KRW 3,000,000 as a crime of occupational negligence and occupational negligence, and the Defendant’s vice-director E received a summary order of KRW 3,00,000 as a crime of occupational negligence and became final and conclusive around that time.

(C) Gwangju District Court Netcheon Branch 2015 Highest 7313).

The Plaintiff, a juristic person conducting a business that compensates for an employee’s occupational accident under the Industrial Accident Compensation Insurance Act, recognized the instant accident as an occupational accident, and paid KRW 156,985,712, and funeral expenses to F, the spouse of the deceased as the lump sum survivors’ compensation benefits.

The deceased’s heir is the spouse F, G, and H.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 10, Eul evidence 1 to 4, the purport of the whole pleadings

2. Occurrence and scope of liability for damages;

A. According to the above recognition facts, D representative director D and E of the defendant's representative director, prior to repairing the ship of this case, shall take measures such as ventilation and removal of air ventilation in order to prevent explosion or fire by heavy air gas or dust in the relevant places where there is inflammable liquid steam, inflammable gas or solid substance before repairing the ship of this case, and they perform fire work such as folds inside the buildings or equipment where combustible materials are located, without sufficient ventilation or ventilation.

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