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(영문) 울산지방법원 2017.05.31 2016가합1539
구상금
Text

1. The Defendants jointly share KRW 152,934,049 with respect to the Plaintiff, and the period from March 15, 2016 to May 31, 2017.

Reasons

Based on the facts, the Plaintiff is the principal business operator of Ulsan-gun D Site Suspension Corporation located in Ulsan-gun Co., Ltd., Ltd., in Ulsan-gun, and subcontracted the lux repair work (hereinafter referred to as “instant construction work”), among which he/she subcontracted the lux-based repair work to Daesung F&C Co., Ltd., which is the user of the network E (hereinafter referred to as “the network”).

Defendant B, as Crecers at the construction site of this case, operated Crecers (F; hereinafter referred to as “the instant Crecers”); Defendant A is the employer of Defendant B, and Defendant Crecis Insurance Co., Ltd. (hereinafter referred to as “Defendant Company”) is an insurer who entered into a comprehensive motor vehicle insurance contract for the instant Crecers.

The deceased was employed as the head of the site of this case as a staff member of W&C at the construction site of this case.

The occurrence of the accident and the death of the deceased on January 21, 2016, Defendant B, at the construction site of this case on January 21, 2016, caused the Defendant B to rapidly cut off the operation of the instant cranes, and caused the instant cranes to be transferred to him.

As a result, the Deceased, who was on duty under the instant crane, was killed due to chest damage, etc. around 17:04 on January 21, 2016, when the Deceased was sent to the hospital (hereinafter “instant accident”).

As the inheritor of the deceased, H, I (J) who is the spouse, and K (L) who is the spouse.

On February 3, 2016, the Plaintiff agreed to pay 500 million won to the deceased’s heirs. On February 5, 2016 and March 15, 2016, the Plaintiff paid KRW 250 million to H respectively and paid KRW 50 million to H.

H’s receipt of a lump-sum bereaved family payment, etc. shall be the lump-sum bereaved family payment with KRW 169,565,210 calculated by applying the average daily wage as the bereaved family’s benefits under the Industrial Accident Compensation Insurance Act from the Korea Workers’ Compensation and Welfare Service on April 29, 2016 to KRW 130,435.

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