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(영문) 창원지방법원 2017.02.15 2015가단73152
구상금
Text

1. The Defendant: KRW 36,103,549 for the Plaintiff and KRW 5% per annum from February 26, 2016 to February 15, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a special corporation established by being entrusted with the industrial accident compensation insurance business by the Minister of Employment and Labor under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”).

B. From May 1, 2011, the Defendant was an occupant of Kimhae-si, who was in charge of audit by the council of occupants' representatives, and C was the head of the management office of B apartment from July 1, 201 to the head of the management office of B apartment.

C. On March 21, 2012, at around 13:10 on March 21, 2012, the Defendant reviewed audit report data necessary for the said B apartment management office’s representative meeting of regular occupants following the following day, shacked with C in a horse dispute with C, hather face, hating it by hand, and hating C’s face and hats into the floor, and hating it over the floor, followed the safety-oriented hating by the hather’s face and hats, and caused injury to his/her female, such as an internal frame of the upper right side, the right-hand frame, etc.

(hereinafter “instant accident”).

D. The Plaintiff recognized the instant accident as an occupational accident, and paid C temporary layoff benefits amounting to KRW 70,480,490, medical care benefits amounting to KRW 22,426,820, and disability benefits amounting to KRW 37,253,640.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8 (including additional number), the purport of the whole pleadings

2. The occurrence and scope of liability for damages;

A. Comprehensively taking account of the above facts acknowledged as above, the defendant is liable to compensate for damages caused by the accident of this case to women since he injured them C by tort.

B. 1) Scope of liability for active damage as seen earlier, as seen in the instant accident, the victim C suffered injury, and the Plaintiff paid KRW 22,426,820 as a medical care benefit, and thus, is deemed positive damage. 2) Fact-finding and assessment details of passive damage (actual income) recognition and assessment (personal information: 1): The maximum working age of 53 years and 6 months at the time of the accident: Until September 1, 2018 (multi-life period - the period of hospitalization period: from March 21, 2012 to May 22, 2012.

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