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(영문) 서울중앙지방법원 2016.06.24 2016나13450

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff is a special corporation established under the Industrial Accident Compensation Insurance Act, and the Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to C-Bridge vehicle (hereinafter “Defendant vehicle”).

B. On July 28, 2012, around 10:50, the Defendant’s vehicle: (a) around D Apartment 510-dong (hereinafter “D Apartment 510-dong”); (b) used an equipment installed on the Defendant’s vehicle to remove the removal of the foregoing building No. 1201, the Defendant’s vehicle left the train to remove the sloping of the Defendant’s vehicle on the window frame No. 1201; and (c) turned down the movement; (d) however, the Defendant’s co-Defendant A, who was in charge of the director’s duties, carried the sloping of this article out while carrying the sloping in connection with the sloping, carried the sloping part of the Defendant’s body, which was sealed back to the Defendant’s vehicle, and carried the sloping back of the e’s 6th parallel, etc., and caused E to the sloping end.

(hereinafter referred to as “instant accident”). C.

E received treatment from July 28, 2012 to November 2, 2012, from the date of the instant accident, from the hospital to the date of March 29, 2013. The treatment costs are KRW 3,727,190, while the treatment costs are KRW 3,927,238.

Meanwhile, the Plaintiff, as an insurance benefit under the Industrial Accident Compensation Insurance Act, paid 3,727,190 won in medical care benefits under the Industrial Accident Compensation Insurance Act, and 8,151,090 won in temporary layoff benefits for the period from July 29, 2012 to March 4, 2013, respectively, to E as an insurance benefit under the Industrial Accident Compensation Insurance Act.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1-1, 2, and 3, the purport of the whole pleadings

2. Determination

A. The recognition of the existence of the liability for damages and the following circumstances revealed by each of the above evidence, namely, the engine device, bridge, and loading of the Defendant vehicle, are installed in the structure according to the use of the Defendant vehicle.