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(영문) 대구지방법원 2017.09.01 2017가단103426
구상금
Text

1. The Defendant’s KRW 69,86,878 as well as 5% per annum from October 11, 2014 to September 1, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a special corporation established pursuant to the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Industrial Accident Compensation Insurance Act"), which is entrusted by the Minister of Employment and Labor with the industrial accident compensation insurance business, and is in the relationship between the insurer and the insured under the Industrial Accident Compensation Insurance Act, and the Defendant is an insurer who entered into an automatic comprehensive insurance contract with the aforementioned Ulle-gun, the owner of a vehicle A garbage collection transport vehicle (hereinafter referred to as the "accident

B. On August 16, 2014, at around 04:45, Nonparty B (hereinafter only referred to as the Deceased) who worked as a non-party contractual sanitation worker in the arms contract branch of the Ulsan District (hereinafter referred to as “the Deceased”) suffered from an accident that fell on the ground below the height of about 40cc while moving after removing waste at a garbage-emitting place in the gas station of the instant accident after the vehicle of this case was transported to the launching board. The Deceased died on August 18, 2014, when he was transferred to the hospital and was under treatment, the Deceased died of a acute hump, external wound, prone, protruding, and cerebral in the instant accident.

C. The instant accident that was paid for industrial accident compensation insurance falls under a disaster stipulated in Article 5 subparag. 1 of the Industrial Accident Compensation Insurance Act, and the Plaintiff paid 121,470 won for temporary disability compensation benefits, 10,412,100 won for funeral expenses, and 6,173,170 won for medical care benefits, and 112,797,776 won for monthly survivors’ compensation benefits, which is converted into lump-sum survivors’ compensation benefits.

[Ground of recognition] Unsatisfy and entry of Gap evidence 1 to 13

2. The assertion;

A. E, a driver of the instant vehicle, is responsible for compensating for damages suffered by the Deceased pursuant to the Automobile Accident Compensation Guarantee Act, as it caused the instant accident by neglecting his duty of care to operate the instant vehicle by driving the vehicle in consideration of the passengers’ boarding, safety, etc.

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