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(영문) 서울남부지방법원 2015.10.13 2013가단211791

구상금

Text

1. The Defendant’s KRW 4,894,711 as well as the annual rate from April 15, 201 to July 3, 2013, and the next day.

Reasons

1. Occurrence of claims for indemnity;

A. The facts of recognition (1) The Plaintiff is a juristic person operating an industrial accident compensation insurance business entrusted by the Minister of Employment and Labor pursuant to the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”). The Defendant is a driver of CCA 110 Oba (hereinafter “Amba”), B is the owner of a harming vehicle, and the Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Moba”) is an insurer who has concluded a liability insurance contract with respect to harming vehicles.

(2) On June 26, 2010, at around 20:30, the Defendant driven a sea-going vehicle (Obab) and driven a six-lane road from the south-gu Incheon Metropolitan City off to the Do road from the 7-dong-dong-Dong to the Dogdong-dong-dong-Dong. The Defendant, at the 49th left-hand speed of the driver of the F cafeteria (G stores), an industrial accident insurance-related business establishment under the Industrial Accident Insurance Policy (hereinafter “L stores”), a worker H (hereinafter “victim”), a worker of the F cafeteria (hereinafter “H”), a place of business governed by the Industrial Accident Compensation Insurance Policy, was running by the Defendant. Accordingly, the Defendant caused the victim to suffer injury to the left-hand side-hand side of the Dakdong-gu vehicle, such as the 5nd half water frame, the left-hand opening heat, the left-hand side of the Dog-dong-gu road, the upper-hand side of the Hababag, etc.

(3) Until April 14, 2011, the Plaintiff paid 7,494,570 won for medical care benefits, 10,437,740 won for temporary disability benefits, and 11,00,000 won for disability benefits pursuant to the Industrial Accident Insurance Act.

【Ground of recognition】 The fact that there is no dispute, entry of Gap's 1 through 4 (including branch numbers, if there is a ground for recognition) and the purport of whole pleadings

B. According to the recognition of liability for damages and the recognition of the occurrence of the claim for indemnity, the defendant, as the driver of a sea-going vehicle, had a duty of care to accurately operate the steering and steering gear, and thereby caused the accident by negligence in violation of the duty of care. Thus, Article 750 of the Civil Act and the Guarantee of Automobile Accident Compensation Act are applicable.