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(영문) 서울남부지방법원 2014.11.06 2014나50628

구상금

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, since the reasoning of the court's explanation is the same as the reasoning of the judgment of the court of first instance, except for the following cases:

[2] (2) The main point of the argument that the Defendant Federation's defense of the exemption from personal compensation II is as follows: (a) The main point of the argument is that C, by designating the starting time, stopping place, and detailed routes, falls under the number of consenting members stipulated in the automobile accident insurance clause as an operator who leased and uses a melting vehicle with a driver for commuting to and from the workplace of C, etc.; (b) the recipient falls under the number of consenting members stipulated in the automobile accident insurance clause. Since the recipient constitutes an employee of C, who is the consenting member, who can receive accident compensation under the Industrial Accident Insurance Act, the Defendant Federation is not entitled to

1. General exemption items (2) General indemnification clause 8(e) (an employee of an association member liable for compensation who can receive accident compensation under the Industrial Accident Compensation Insurance Act) is not subject to liability II.

(B) Under the general terms and conditions of automobile insurance, “if an employee of the insured who is liable to compensate for damage under the Labor Standards Act is dead or injured due to a personal accident, no compensation shall be made” refers to a clause that provides an insurer’s immunity based on the personal relationship and compensation relationship between the insured and the victim liable to compensate for damage. Therefore, in determining the application of the above exemption clause in cases where multiple insured workers who are liable to compensate for damage due to a single insurance accident exist, barring any special circumstance, the existence of a personal relationship, which is the requirements for application of the exemption clause by each insured person, shall be determined by considering the insurer’s exemption.