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(영문) 부산고등법원 2018.05.30 2017나56509

구상금

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1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, is modified as follows.

Reasons

Basic Facts

The plaintiff is a special corporation that performs industrial accident compensation insurance services entrusted by the Minister of Employment and Labor under the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Industrial Accident Insurance Act").

bnb Co., Ltd. (hereinafter referred to as “bnb”) is an insured of industrial accident compensation insurance (hereinafter referred to as “industrial accident insurance”) in accordance with the Industrial Accident Insurance Act.

A (hereinafter referred to as the "victim") is an employee belonging to the G&A in charge of cleaning affairs.

B (hereinafter referred to as "aggressor") is an owner or driver of an Aggresponding passenger vehicle (hereinafter referred to as "aggresponding vehicle") which is a motor vehicle registration number C, and the defendant is an insurer who has concluded a comprehensive motor vehicle insurance contract with the Aggresponding

On December 20, 2013, at around 06:05, the perpetrator of the instant accident caused a new-use road in front of the new-use road, which is located in the Jindong-gu, Jindong-gu, Jindong-si, Kim Young-gu, with the Jindong-type area from the Jindong-type room to the Jindong-gu area, and caused the victim of the instant accident, who was moving away from the first-lane as they were, without properly examining the front seat, and who was working in the operation of the Jindong-gu.

(hereinafter “the instant accident”). The victim suffered injury of “the instant accident,” i.e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e.,

The Plaintiff’s payment of industrial accident insurance benefits recognized the instant accident as an occupational accident and paid 64,715,660 won of temporary layoff benefits and injury-disease compensation annuities (64,715,660 won of temporary layoff benefits, injury-disease compensation annuities, 30,096,030 won until July 31, 2017 as of the payment period) and 493,056,930 won of medical care benefits until May 3, 2018 (423,640,840 won until August 4, 2017 as of the payment date), including 612,976,300 won (=64,715,60 won5,60 won, 5203,710,710 won, 493,506,930 won of medical care benefits until August 4, 2017).

[Ground of recognition] The fact that there is no dispute, A.