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(영문) 서울중앙지방법원 2019.11.12 2018가단5138203

구상금

Text

1. The Defendants jointly share KRW 127,906,071 with respect to the Plaintiff and the period from October 29, 2016 to November 12, 2019.

Reasons

1. Facts of recognition;

A. The status of the parties and the background and cause of the occurrence of the disaster are as shown in the attached Forms 1 and 2.

B. After December 2015, the Plaintiff approved the instant accident as an occupational accident under Article 37 of the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”), and paid KRW 800,670, funeral expenses, and KRW 13,848,540, funeral expenses, and KRW 213,939,210,210 to the Intervenor (A) who was the mother of the Deceased and the Deceased’s mother.

C. In the event that the Plaintiff paid insurance benefits to the Defendants due to an act committed by a third party, the Service shall subrogate the right to claim damages against the third party by the recipient within the limit of the benefits paid.

Provided, That this shall not apply where two or more employers who are insured are engaged in the business by dividing one business at the same place, but an accident occurs due to the act of a worker who is different from the former one.

(2) In cases under paragraph (1), if a beneficiary has received compensation equivalent to the insurance benefits under this Act for the same reason from a third party, the Corporation shall not pay the insurance benefits under this Act within the limit of the amount converted by the method prescribed by Presidential Decree.

(3) If a disaster occurs due to an act of a third person, the beneficiary and the insured shall report it to the Service without delay.

Accordingly, on October 28, 2016, the Defendants requested the payment of indemnity amount (the amount set off by considering the fault of the deceased as 30%). D.

On the other hand, on October 16, 2015, Defendant C agreed to pay KRW 193,369,150 as damages and consolation money, excluding all money that can be received under the Industrial Accident Insurance Act, to the Intervenor joining the Plaintiff. Accordingly, Defendant C paid KRW 193,369,150 to the Intervenor joining the Plaintiff on October 23, 2015.

recognized.