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(영문) 대구지방법원 2019.08.21 2019나303061
구상금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. Defendant A Co., Ltd. (hereinafter “Defendant A”) is the owner of the F Excavation Period (hereinafter “instant excavation period”). Defendant B Association is a person who has entered into a construction machinery liability mutual aid agreement (hereinafter “instant mutual aid agreement”). Defendant C Co., Ltd. (hereinafter “Defendant C”) is an insurer who entered into a construction machinery dealer liability insurance contract (hereinafter “instant insurance contract”) with Defendant B Association.

B. At around 13:00 on April 14, 2015, E, a worker of D, was involved in an accident involving earth and sand cream in which H, a worker of the same company, operated the instant excavation search machine and was engaged in the work of replacing earth and sand cream (hereinafter “instant accident”).

Due to the instant accident, E suffered bodily injury, such as the pressure frame No. 12, 4-5, 4-5, 5, 5, 5, 7, 7, 5, 5, 5, 5, 5, and 3,000.

C. The Plaintiff recognized the instant accident as an occupational accident, and paid 47,434,490 won in total, including 16,249,800 won for temporary layoff benefits under the Industrial Accident Compensation Insurance Act, 11,912,690 won for medical care benefits, and 19,272,000 won for lump sum disability benefits.

[Ground for Recognition: Facts without dispute, entry of evidence A4-2, purport of the whole pleadings]

2. The plaintiff's assertion and judgment

A. As to the damages suffered by the Plaintiff’s assertion E due to the instant accident, Defendant A, as the owner of the instant digging pool, bears the responsibility for operation under the Guarantee of Automobile Accident Compensation Act, liability for damages arising from tort under the Civil Act, Defendant B Association, and C, respectively, the liability for compensation under the instant mutual aid agreement concluded with Defendant A or the instant insurance contract.

The plaintiff paid insurance benefits under the Industrial Accident Compensation Insurance Act to E, thereby subrogated to the above claim for damages or insurance claims that E has against the Defendants.

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