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(영문) 서울중앙지방법원 2018.07.06 2016가단5235773

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. At around 06:00 on October 18, 2013, A, a worker belonging to the modern industry, carried recyclable goods into B truck (2.5 tons, drivers C, and hereinafter “Defendant vehicle”) which was parked in the place of business of the said modern industry, and carried them into the string in loading them, and immediately carried them into the string of the string, while placing them down under the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the 2013.

(hereinafter “instant accident”). (b)

The Plaintiff paid KRW 10,296,670 of medical care benefits, temporary disability compensation benefits, KRW 6,868,020 of disability benefits, and KRW 13,254,030 of disability benefits, as an industrial accident compensation insurance fee for the instant accident.

C. The defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to the defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, Eul evidence 1 to 4, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The assertion A suffered injury by the accident in the course of the operation of the Defendant’s vehicle. The Defendant, who entered into a comprehensive automobile insurance contract with the Defendant’s vehicle, is obligated to pay A the insurance benefits of the instant accident to the Plaintiff who paid the insurance benefits of the instant accident and damages for delay.

B. (1) The term “operation” under Article 2 subparag. 2 of the Guarantee of Automobile Accident Compensation Act means the use of a motor vehicle according to the usage of the relevant device, regardless of whether a person or an article is transported. The use of a motor vehicle according to the usage of the relevant device means the use of various devices installed according to the usage of the motor vehicle for the purpose of each device (see, e.g., Supreme Court Decisions 86Meu2270, Sept. 27, 198; 92Da8101, Apr. 27, 1993).