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(영문) 서울중앙지방법원 2020.12.08 2020나1164

구상금

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff is an insurer who has entered into an automobile comprehensive insurance contract with respect to D vehicles (hereinafter “Plaintiff vehicles”). Defendant B Co., Ltd. (hereinafter “Defendant Company”) is the owner of E vehicles (hereinafter “Defendant”), and Defendant C is the employee of the Defendant Company.

B. Around 04:30 on April 27, 2016, F driven the Plaintiff’s vehicle, and passed through the H filling Station prior to the H filling Station G located in Seocheon-gu, Seocheon-gu, Seocheon-si, and the damaged boundary mar was scattered far from the road.

(hereinafter “First Accidents”). At the end of about 19 minutes after the occurrence of the first accident, Defendant C driven the Defendant’s vehicle, and the first accident passes through the road, and dumpeded by the Central Separation Zone, with the wind going to go away from the road and going to go to a balance, with the landscaped by the Central Separation Zone.

(hereinafter referred to as “second accident”). (c)

Defendant C, who was on board Defendant C due to the second accident, sustained the injury such as the upper left shoulder softened salt , I, the right w w w w w w w w w w w w w w w w w w w w w d

After the Defendant’s Intervenor recognized the secondary accident as an occupational accident and paid temporary disability compensation benefits and medical care benefits under the Industrial Accident Compensation Insurance Act to Defendant C, I, and J, and filed a claim for reimbursement against the Plaintiff as follows with the Seoul Central District Court 2019 Ghana139832 (hereinafter “related lawsuit”). On June 11, 2019, the Defendant was sentenced to a judgment in favor of all of the confessions. On July 19, 2019, the Plaintiff paid KRW 1,393,890 in total with regard to I’s damages, and KRW 8,012,140 in total with regard to the damage of J (including damages for delay).

The Defendant Intervenor paid Defendant C temporary layoff benefits of KRW 1,770,770, and medical care benefits of KRW 2,832,260, and KRW 2,379,960, and KRW 2,14,300, respectively, and KRW 7,718,400 and KRW 7,719,50, respectively.