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(영문) 대구지방법원안동지원 2020.08.19 2018가단22367

구상금

Text

1. The Defendant’s KRW 36,477,490 as well as 5% per annum from May 18, 2018 to August 19, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity established under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”) and entrusted with the industrial accident compensation insurance business by the Minister of Employment and Labor. B Center is an industrial accident compensation insurance policyholder who is an institution entrusted with the C business from the date of resident residence, and the Defendant is an insurer who entered into a comprehensive motor vehicle insurance contract with B Center and D Trucks (hereinafter “instant vehicle”).

B. On November 2, 2015, E, along with F, driven the instant vehicle owned by B Center to collect recycled products. At around 13:40 on the same day, F, who was on board the instant vehicle while staying in front of G apartment, was a fall accident that fell from the road floor (hereinafter “instant accident”).

C. F was injured by the instant accident, i.e., f., external cerebral cerebral cerebral cerebral typhism, side balphal typhism, etc.

By May 17, 2018, the Plaintiff recognized the instant accident as an occupational accident and paid F medical care benefits of KRW 82,710,210, temporary layoff benefits of KRW 30,434,560, disability benefits of KRW 47,977,490 to F.

[Ground] Evidence Nos. 1, 2, 5 through 7, Eul evidence No. 1, and the purport of the whole pleadings

2. The occurrence and scope of the right of indemnity;

A. The occurrence of the right of indemnity E caused the instant accident by operating the instant vehicle in bad faith, and the Defendant, the insurer, is liable to compensate for the damage suffered by F due to the instant accident.

However, as the Plaintiff paid insurance benefits under the Industrial Accident Insurance Act to F, the Plaintiff can exercise the right to claim damages against F to the Defendant within the limit of the amount of the insurance benefits pursuant to Article 87(1) of the said Act.

B. The scope of the right of indemnity (1) The automobile comprehensive insurance terms and conditions as to whether the Defendant is liable to F for personal injury II are the employee of the insured liable for compensation under the Industrial Accident Insurance Act.