구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
The reasoning of this court’s explanation concerning this case is as follows, except for the second 6th 16 or lower of the judgment of the court of first instance, and the remainder of the reasoning of the judgment of the court of first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act.
4. The plaintiff's subrogation of claim for damages.
(a) If the Korea Labor Welfare Corporation, which is the insurer of the industrial accident compensation insurance as to whether or not the scope of subrogation is limited, provides the workers with the industrial accident compensation insurance benefits, it shall subrogate and acquire in subrogation the right to claim against the third party of the workers
In addition, in the event that the Korea Workers' Compensation & Welfare Corporation subrogates the victim's tortfeasor or the insurer's damage liability after it provided insurance benefits to the victim due to an illegal act, it may subrogate the victim's tortfeasor or the insurer's damage liability for the whole amount of insurance benefits within the scope of the damage liability calculated
(See Supreme Court Decision 2015Da230228 Decided December 10, 2015). The defendant is liable for compensating for the amount of damages calculated in consideration of the ratio of fault, etc. of the victim and his/her bereaved family members by direct claim under Article 724(2) of the Commercial Act according to the insurance contract of this case. Thus, even in this case where the plaintiff subrogated the above direct claim against the defendant of the victim and his/her bereaved family members, the defendant is liable for paying the whole amount of damages that the defendant bears to the victim and his/her bereaved family members.
The Supreme Court's precedents refer to limiting the scope of the right to indemnity by the first instance judgment, are related to the legal principles applied when an industrial accident occurred due to joint tort by the business owner who is the insured and a third party, and the Korea Labor Welfare Corporation subrogates the third party to the claim for indemnity by the injured party. Thus, the plaintiff is the insured who is not the third party.