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(영문) 광주지방법원 2018.04.18 2017가단521909

구상금

Text

1. The Defendant’s KRW 54,890,639 as well as the Plaintiff’s annual rate of 5% from December 25, 2014 to April 18, 2018.

Reasons

1. Facts without dispute;

A. On October 31, 2014, at around 15:35, A moved a C truck drivened by B (hereinafter “instant vehicle”) along the two-lanes depending on the two-lanes from the direction of 216.5km in the mountain of the Yanan River, and died on November 1, 201 of the same year.

B. The Deceased and B worked in the “E” operated by D, and the instant accident occurred while transporting directors and freight.

As prescribed by the Industrial Accident Compensation Insurance Act, the Plaintiff paid KRW 110,217,390 and funeral expenses of KRW 10,173,910 to the spouse F, who is the bereaved family of the Deceased.

C. The Defendant is the insurer who entered into an automobile insurance contract with D concerning the instant vehicle, and the Defendant is liable for the instant accident only within the limit of the liability insurance amount under the Guarantee of Automobile Accident Compensation Act.

2. Determination

A. According to the above facts, the Defendant, the insurer of the instant vehicle, is KRW 100 million for the accident up to March 31, 2016 (as to the accident up to March 31, 2016).

A) Within the extent of the accident of this case, the deceased’s heir and heir are liable to compensate for the damages suffered by the deceased’s heir due to the accident of this case. Since the Plaintiff paid insurance benefits to the bereaved family F of the deceased as the operator of the industrial accident compensation insurance business, F may exercise the right to claim damages against the Defendant within the said limit. (2) As to this, the Defendant already paid KRW 100,000,000 to the deceased’s bereaved family members, the claim for the reimbursement

However, as to the fact that the plaintiff paid insurance benefits to F, there is no dispute between the parties, and the insurance money paid by the defendant is paid by the defendant.