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(영문) 대구지방법원 2017.05.30 2016가단124761

구상금

Text

1. The Defendants jointly share KRW 62,840,327 with the Plaintiff, and 5% per annum from April 26, 2014 to May 30, 2017.

Reasons

1. Occurrence of liability for damages;

A. (1) The Plaintiff is a special juristic person established under the Industrial Accident Compensation Insurance Act and entrusted with the industrial accident compensation insurance business by the Minister of Employment and Labor, and is an insurer who has subscribed to industrial accident compensation insurance by C (Representative D; hereinafter “C”) who works for the deceased B (hereinafter “the deceased”).

Defendant A is an operator of E dump truck (hereinafter referred to as “fump truck”), which is a vehicle involved in the instant accident, and the owner of the dump truck (hereinafter referred to as “Defendant UP”) is the owner of the dump vehicle, and the Defendant Eastern Fire Marine Insurance Co., Ltd. (hereinafter referred to as “Defendant East Fire”) is the insurer who entered into a comprehensive insurance contract for the dump truck with the Defendant UP.

(2) On October 8, 2013, at around 21:53, the Deceased, at the restaurant of “G” located in “G,” prepared by the actual representative of “G”, the Deceased was able to sit and sit in the two-lanes of the two-lanes of the racing and H, located at a place of approximately 800 meters away from the above restaurant, on the roads returned to Korea (0.151% of the blood alcohol concentration) after the staff ceremony prepared by the actual representative of “G” in the restaurant of “G” located in “G”.

At the time, Defendant A operated a sea-going vehicle and was able to do so due to the fact that it was difficult at night, but the street, etc. was not installed around, and the accident was caused as it was without discovering the deceased (hereinafter “instant accident”). As a result, the deceased died on the spot “the tension with a tension caused by a crym crym crym crym crym frys at the fry.”

(3) On April 25, 2014, the Plaintiff, as an insurer following the purchase of industrial accident compensation insurance for the Deceased, paid KRW 62,515,70,00 each of the lump-sum survivors’ compensation benefits to I and J, who are the offspring of the Deceased, and KRW 9,300,770,000 each, as the lump-sum survivors’ compensation benefits.

【Fact-founded parties to the recognition】 There is no dispute between them, Gap evidence of Nos. 1 through 8, 11 through 15.