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(영문) 서울중앙지방법원 2017.08.11 2016가단5307463
구상금
Text

1. The Defendants jointly share KRW 14,932,128 with respect to the Plaintiff and the period from October 18, 2014 to August 11, 2017.

Reasons

1. Basic facts

A. The status of the parties is a special corporation that is entrusted by the Minister of Employment and Labor under the Industrial Accident Compensation Insurance Act with the industrial accident compensation insurance business, etc., and the defendant A is the owner of the flasing machine B (hereinafter “the instant flasing machine”). The defendant Dongbu Fire Marine Insurance Co., Ltd. (hereinafter “the defendant company”) is the insurer of the business liability insurance that includes the construction machinery business operator’s special terms and conditions with the defendant A and the construction machinery business operator’s maximum compensation amounting to KRW 30

B. At around 08:00 on January 15, 2014, Defendant A, who caused the instant accident, had a part of the left-hand part of the worker C (hereinafter “victim”) of the non-party company (hereinafter “victim”) who was in front of the construction site of Seoan-dong, Sucheon-dong, Seoan Apartment apartment (hereinafter “non-party company”) with driving the instant digging pool at the construction site of Seoan-dong, Sucheon-dong, Sucheon-dong, Inc. (hereinafter “non-party company”) caused an accident (hereinafter “the instant accident”).

In the instant accident, the victim suffered injuries, such as annual installments and nits, after damaging the pressure trags on the left side of the instant accident, the thalute suffered injuries, etc. of the 3, 4 parts adjacent to the left side, the structural frame, and the 5th part of the upper left side satisfaction, the 3, 4 parts adjacent to the upper left side, the structural frame, and the stalpians.

C. The Plaintiff recognized the instant accident as an occupational accident, and until October 17, 2014, the Plaintiff paid KRW 17,721,480 of temporary disability compensation benefits under the Industrial Accident Compensation Insurance Act, 36,857,700 of disability benefits, and health care benefit9,90,600 of the benefits.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 7, Eul evidence 1, the purport of the whole pleadings

2. Occurrence and scope of liability for damages;

A. According to the above fact of recognition of the liability for damages, Defendant A was negligent in driving the so-called scopher while driving the scopher and driving the scopher without properly examining the scopher, and thus, the victim was thereby disabled.

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