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(영문) 서울중앙지방법원 2017.05.19 2016가단5213087

구상금

Text

1. The Defendant’s KRW 18,93,896 for the Plaintiff and KRW 5% per annum from January 21, 2015 to May 19, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a special corporation that performs industrial accident compensation insurance affairs entrusted by the Minister of Employment and Labor under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”).

The network A is a worker who works as a driver of the motor vehicle of the "B", and the above farmer has purchased the industrial accident compensation insurance in accordance with the Industrial Accident Compensation Insurance Act.

The defendant is an insurer who has concluded an insurance contract with respect to the sports C Freight Vehicle (hereinafter referred to as the "Defendant Vehicle").

B. On August 15, 2014, around 3:55, the occurrence D of a traffic accident: (a) driven by the Defendant’s vehicle, and opened the shooting distance for the sports-based viewing from the front seat to the yellow signal at the intersection of the intersection; (b) caused the shock of the E-small truck for the A Driving (hereinafter “Plaintiff’s vehicle”) of the Defendant’s vehicle, who was straight from the left side of the Defendant’s vehicle to the right side in accordance with normal signal.

(hereinafter referred to as the "accident". A was killed in the same place. The accident in this case occurred.

C. At the time of the death of A, there were F and G as its heir, who were children.

The plaintiff recognized the accident as an occupational accident since A was involved in the accident of this case while performing his duties.

The Plaintiff paid A’s bereaved family members KRW 9,539,140 as funeral expenses, KRW 99,619,550 as a lump-sum bereaved family benefits, by January 20, 2015, pursuant to the Industrial Accident Compensation Act.

The defendant paid insurance money to the hospital care costs of A 34,526,260 won.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Occurrence of and restrictions on liability for damages;

A. According to the above fact that the accident of this case occurred, since the accident of this case occurred due to the violation of signals D, the defendant is liable to compensate the insurer of the defendant vehicle for the damage caused by the accident of this case under Article 724(2) of the Commercial Act.

B. As to the instant accident that limits liability,