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(영문) 서울중앙지방법원 2018.07.06 2016가단5091140
구상금
Text

1. The Defendants jointly share KRW 52,383,361 to the Plaintiff and 5% per annum from April 9, 2014 to July 6, 2018.

Reasons

1. Basic facts

A. The plaintiff is a juristic person entrusted by the Minister of Labor under the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Industrial Accident Compensation Insurance Act") with the purpose of industrial accident compensation insurance business, and the engineering corporation every day (hereinafter referred to as the "non-party company") is a policyholder under the Industrial Accident Compensation Insurance Act, and B (hereinafter referred to as the "victim") is a worker belonging to the non-party company.

On the other hand, Defendant A is the owner of the C C digging machines (hereinafter “instant digging machines”), and Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”) is the insurer of the said digging machines.

B. At around 11:00 on May 3, 2013, Defendant A operated the instant searcher at the “E Corporation” site located in Seongbuk-gu Seoul Metropolitan Government (hereinafter “instant construction site”), and carried out the work to install H-sn beaming equipment, Defendant A was shocked by the victim at the time when the H-sn beam was separated from the server of the said vehicle, and was at the time when the H-sn beam was installed. Accordingly, the victim was inflicted an injury, such as “the backlines before the backline and the sn beams.”

(hereinafter referred to as “instant accident”). C.

By April 8, 2014, the Plaintiff paid 25,192,30 won for temporary layoff benefits, 11,463,410 won for medical care benefits, and 47,778,50 won for disability lump sum.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9 (including paper numbers; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. Occurrence and scope of liability for damages;

A. According to the above recognition of the liability for damages, the accident in this case occurred due to negligence that Defendant A neglected his duty of care to safely drive and prevent the accident, and thus, Defendant A and Defendant Samsung Fire, the owner and the driver of the excavation in this case, who are the owner and the insurer of the excavation in this case, jointly suffered from the accident in this case.

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