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(영문) 대전지방법원 2017.05.25 2016나111216

구상금

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 32,409,531 and May 5, 2017 from August 5, 2015.

Reasons

Basic Facts

The plaintiff is a juristic person established under the Industrial Accident Compensation Insurance Act and entrusted by the Minister of Employment and Labor with the industrial accident compensation insurance business. B is a subscriber of the industrial accident compensation insurance under the Industrial Accident Compensation Insurance Act, and C (hereinafter referred to as "victim") is a worker belonging to the above B.

2) The defendant shall share the same transportation company and the A cargo vehicle owned by the defendant (hereinafter referred to as "the vehicle of this case").

3) D is the driver of the instant vehicle.

On December 12, 2012, the person who suffered from the accident was stopped in the Hamdo C-7 at the Seodong-dong Daejeon Seo-gu Daejeon CJ-7, Seodong-gu, Seodong-gu, Seodong-gu, Daejeon, with the vehicle in this case stopped before 4-5 meters from the Hamdo-dong c-7 meters from the Hamdo-dong. The person was going to the Hamdo-dong Ham-gu.

이윽고 이 사건 차량의 운전자 D은 택배물품을 하차하고자 후진하였고 그 과정에서 피재자의 몸이 이 사건 차량 적재함과 작업하차대 사이에 낌과 동시에 이 사건 차량의 적재함에 있던 물건 박스가 떨어져 피재자가 충격당하는 사고(이하 ‘이 사건 사고’라 한다)가 발생하였다.

Due to the accident in this case, the victim suffered injuries, such as mathal cerebral mathy, mathal mathal mathy, mathal mathalthy, flive mathy, and flstal pressure.

In order to receive medical treatment for victims and the Plaintiff’s provision of insurance benefits, the victims were hospitalized in the Gi University Hospital, Fivalescent Hospital, and Giyang University Hospital, etc. between December 12, 2012 and July 1, 2015.

Based on the Industrial Accident Compensation Insurance Act, until August 4, 2015, the Plaintiff paid 79,059,690 won in total, including 32,751,530 won of temporary layoff benefits, 34,041,080 won of medical care benefits, 12,267,080 won of disability lump sum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through Gap evidence 6 (including each number in case of additional number).