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(영문) 서울중앙지방법원 2017.06.14 2016나63417

구상금

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following ‘2. Additional determination' as to the allegations emphasized by the plaintiff and the defendant in this court, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. Determination of the Plaintiff and the Defendant’s assertion regarding the scope of indemnity under the Industrial Accident Compensation Insurance Act 1) The Plaintiff’s allegation that the insurance contract exceeds the amount of indemnity paid pursuant to the Industrial Accident Compensation Insurance Act. However, the second insurance contract is compensating for the entire damages of the victims not covered by the amount of indemnity under the Industrial Accident Compensation Insurance Act. The Plaintiff’s compensation scope is 56,40,000 won paid by the Plaintiff. The Defendant’s compensation scope is 227,40,000 won (i.e., the above 56,40,820,000 Won Industrial Accident Compensation Insurance Benefits of KRW 170,820,000). Thus, the insurer appears to have agreed to the purport that the amount of indemnity based on the double insurance borne by the Defendant exceeds 45,204,246 won (=56,40,0000 x 227,2002,200 won, 207,207,27,207).