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(영문) 서울중앙지방법원 2015.11.12 2013가단123805

구상금

Text

1. The Defendant’s KRW 40,000,000 as well as its annual 6% from September 29, 2012 to November 12, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 2, 2010, the Plaintiff is a specialized construction mutual aid association and the insured Nail Construction Co., Ltd. (hereinafter “Nail Construction”).

(2) As to the insurance period from July 2, 2010 to September 17, 2010, the maximum amount of compensation is set at KRW 100 million per worker, and the insured is liable to compensate for damages incurred by the insured’s burden of legal liability exceeding the amount of accident compensation under the Industrial Accident Compensation Insurance Act (hereinafter “instant insurance contract”).

(2) The Defendant:

The insurer is an insurer which has entered into a comprehensive automobile insurance contract with respect to BA vehicle (hereinafter referred to as the “instant vehicle”).

3) During the construction of the Nowon-gu Seoul Nowon-gu Replacement Corporation, Nail Construction was in charge of signalling services at the construction site to affiliated workers D. B. On August 12, 2010, the occurrence of the instant accident caused an accident that, while driving the instant vehicle on or around 18:20 on August 12, 2010, she went to the left while driving the central line while neglecting the duty of front-time watching, resulting in a shock of D which performed signalling services at the construction site (hereinafter “instant accident”).

D has suffered injuries, such as brain damage, e.g., e., pulse under the raculation.

C. The Plaintiff paid insurance money, even if the amount of compensation for damages incurred by Nail Construction without the completion of the above D’s treatment is deducted from the Korea Workers’ Compensation and Welfare Service, is anticipated to exceed the insurance amount limit stipulated in the instant insurance contract. On September 25, 2012, the Plaintiff paid KRW 100 million insurance money to the D account according to the agreement between Nail Construction and D.

D Payment of insurance benefits was received from the Korea Workers' Compensation and Welfare Service from August 12, 2010 to August 14, 2012, KRW 42,817,90 of temporary layoff benefits and KRW 156,275,350 of medical care benefits, and the nursing benefits for each month from October 2010 to August 10, 2015.