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(영문) 광주지방법원 2015.11.25 2015가단501963

구상금

Text

1. The Defendants: (a) KRW 40,136,30 for each Plaintiff; and (b) KRW 5% per annum from March 21, 2014 to March 3, 2015 for each Plaintiff.

Reasons

1. Facts of premise;

A. On January 28, 2012, Defendant A driving a car at the B SP site on the 18:45 B SP site and changing the lane into one-lane among the agricultural cooperatives located in the new town in Gwangju Mine-gu, but the front part of Maart-ro, which was driving in the same direction, while driving the car at the two-lane from the two-lanes, Defendant A suffered injury, such as blood running in the light of the vehicle at hand, the Da driving Dub, an employee of the “C” restaurant in the same direction, by taking into account the parts of the said car, and causing D to suffer from the injury, such as the removal of the car at hand, the removal of the inner frame, and the closure of the presidential frame.

(hereinafter “instant accident”). B.

The defendant Hyundai Maritime Fire Insurance Co., Ltd. is an insurer who has concluded a comprehensive insurance contract for the said car.

C. The Plaintiff recognized this accident as an industrial accident, and paid D temporary layoff benefits amounting to KRW 20,247,760, medical care benefits amounting to KRW 15,49,790, and disability benefits amounting to KRW 23,804,050, respectively.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 10, Eul evidence No. 1-15 and the purport of the whole pleadings

2. According to the above facts of recognition as to the occurrence of damages liability, the Defendants are liable to compensate each party D for damages arising from the instant accident.

3. Scope of occurrence of the plaintiff's right to indemnity

A. The Plaintiff of the right to indemnity may exercise the right to claim damages against the Defendants of D, the subject-matter of which is identical to each of the above insurance benefits, by subrogation, within the limit of the amount of each insurance benefit, pursuant to Article 54(1) of the Industrial Accident Compensation Insurance Act, by paying temporary layoff benefits, medical care benefits,

(See Supreme Court Decision 96Da39080 delivered on January 24, 1997, etc.). B.

In addition to the separate statements below the scope of damage compensation, the current price shall be calculated in accordance with the calculation method in accordance with subparagraph 1, which deducts interim interest at the rate of 5/12 per month as shown in the attached Table 1 of the amount of damage compensation, and the period for the convenience of calculation shall be calculated on a monthly basis, but it shall be included on the side where the monthly amount is less than the original and the last month.