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(영문) 광주지방법원 2016.07.13 2015나53526

구상금

Text

1. Of the judgments of the first instance court, the part against the defendant in the judgment shall be modified as follows:

The defendant shall pay to the plaintiff KRW 47,850,640.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person entrusted with the industrial accident compensation insurance business by the Minister of Employment and Labor under the Industrial Accident Compensation Insurance Act. 2) B (hereinafter “victim”) is an employee belonging to the industrial company in the modern ginseng, which is a policyholder of industrial accident compensation insurance (hereinafter “the industry in the modern ginseng”).

3) Large name elevators Co., Ltd. (hereinafter “large name elevators”)

C vehicles (hereinafter referred to as “seaing vehicles”)

A is the owner of the company, and A is the driver of the company of the company, and the defendant is the comprehensive insurer of the company. B. On November 29, 2011, at around 17:50, the occurrence of the instant accident, A operated the company of the company, and returned to the left from the 1st wall B seat room of the company in the modern ginseng located in the company of the company of the company of the company of the Jeonnam-gun, Young-gun, Samnam-gun, the company was suffered from the victim who was bypassing the bicycle to the factory room (hereinafter referred to as the “instant accident”).

C) On March 15, 2013, the Plaintiff recognized the instant accident as an occupational accident, and paid the victim medical care benefits of KRW 14,740,430, temporary disability compensation benefits of KRW 29,39,010, and disability benefits of KRW 25,534,580, respectively, until March 15, 2013. [Grounds for recognition] fact that there is no dispute over the instant accident, and evidence Nos. 1 through 4 (including the serial number; hereinafter the same shall apply)

each entry, the purport of the whole pleading

2. The defendant's liability for damages

A. According to the above facts, the defendant is liable to compensate the victim for the damages caused by the instant accident as a comprehensive insurer of a sea-going vehicle.

B. The Plaintiff’s limitation of liability recognizes the victim’s fault ratio as 30%.

The defendant asserts to the effect that the negligence of the industry in the modern ginseng is more than 30% in calculating the ratio of negligence of the victim, but the industry in the modern ginseng is the victim.