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(영문) 서울중앙지방법원 2016.02.05 2015가단5156361

구상금

Text

1. The Defendant’s KRW 12,648,622 with respect to the Plaintiff and KRW 5% per annum from February 7, 2013 to February 5, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a special corporation established for the purpose of protecting workers under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”). The Defendant is an insurer who has taken over the liability for damages of B, the owner and driver of a vehicle A (hereinafter “A”).

B. At around 15:00 on June 1, 2012, 201, the Defendant was performing the installation of a factory outer wall board on a bridge, which is a subcontractor of the Dental Construction Construction Co., Ltd. (hereinafter “the instant accident”), which is a subcontractor of the Dental Construction Co., Ltd., a subcontractor of the Dental Construction Co., Ltd..., Ltd.., but, at the same time, B was performing the installation of a factory outer wall board on a bridge. However, while driving a sea-going vehicle, the victim was crashed by shocking the bridge, resulting in the victim’s injury (hereinafter “the instant accident”).

C. From July 1, 2012 to February 6, 2013, the Plaintiff paid 14,256,900 won for temporary layoff benefits under the Industrial Accident Insurance Act, medical care benefits of 3,346,910 won, and disability benefits of 24,090,000 won, respectively.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Occurrence and scope of liability for damages;

A. According to the above fact of recognition of liability for damages, the Defendant, as a tort, is obligated to compensate for damages suffered by the victim due to the instant accident as an insurer of B, and the Plaintiff, who paid insurance benefits to the victim pursuant to the Industrial Accident Insurance Act, may subrogate the claim for damages against the Defendant of the victim within the scope of the amount of benefits pursuant to Article 87(1) of the Industrial Accident Insurance Act.

B. Scope of liability for damages (1) Scope of basic facts and content of assessment - Gender: Male (1) - Date of birth: Ears (48 years and 15 days of age at the time of the accident): - Date and time of the accident: February 16, 2024 - Date and time of the accident: June 1, 2012 - Ordinary additional income - Ordinary income - Period of medical care: December 4, 2012 (in the case of hospitalization period: from June 1, 2012 to August 7, 2012), labor disability loss rate: 100% of the hospitalization period; and thereafter.