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(영문) 서울중앙지방법원 2021.01.13 2020나27883
구상금
Text

The plaintiff's appeal and the claim extended in the appellate court are all dismissed.

costs of lawsuit after an appeal are filed.

Reasons

Basic Facts

A. The Plaintiff entered into a contract for employer liability insurance (hereinafter “Plaintiff’s insurance contract”) with CF and the insured as D (hereinafter “D”) with the content that compensates for losses suffered by bearing legal liability exceeding the amount of damages paid by D under the Industrial Accident Compensation Insurance Act due to occupational accidents caused by D’s employees.

The Defendant entered into an automobile insurance contract (hereinafter “Defendant insurance contract”) with respect to automobile E owned by D (hereinafter “instant automobile”) between D and D.

B. The instant vehicle is a small cargo vehicle of one ton with a oil pressure string, installed at the end of the boom boom boom, and a person who drives a vehicle while driving the vehicle, and another person who gets on the boom boom.

There is a difference in the structure of filing a complaint at a height of 4 to 5 meters, which operates a container.

D Operation of the instant vehicle, while driving a vehicle and operating a burner for one day from July 2015 to February 1, 2015, as a person who was employed in D’s workplace F (hereinafter referred to as “the Deceased”) and G from July 2015.

(c)

On January 18, 2018, in the work site of HD located in Jincheon-gun, Jincheon-gun, the deceased operated the instant vehicle’s boom and carried out snow-communication cable at a height of 4 meters. As the boom boom boom boom was destroyed by the boom boom, the deceased fell along with the boom.

As a result, on January 20, 2018, the Deceased died due to cerebral cerebrovascular, etc. (hereinafter “instant accident”). D.

On June 14, 2018, according to the Plaintiff’s insurance contract, the Plaintiff paid KRW 80,000,000 as compensation for losses exceeding the amount of industrial accident compensation insurance.

[Ground of recognition] A without dispute, Gap evidence Nos. 1-10, Eul evidence Nos. 1-6, video, and the purport of the whole pleadings.

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