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(영문) 대구지방법원 2020.06.17 2019나310045
구상금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 129,508,874 as well as October 2017.

Reasons

1. Basic facts

A. The Plaintiff is a special corporation that performs industrial accident compensation insurance business entrusted by the Minister of Employment and Labor pursuant to the Industrial Accident Compensation Insurance Act (director’s “Industrial Accident Insurance Act”). The Defendant is a mutual aid business entity that entered into a mutual aid agreement on the operation of the E vehicle D (hereinafter “instant vehicle”).

B. C is a subcontractor of the Industrial Accident Compensation Insurance Co., Ltd. (hereinafter “B”) under the Industrial Accident Compensation Insurance Act, and is a worker of F Co., Ltd. (hereinafter “B”).

C. D, around 13:15 on July 22, 2015, when driving the instant vehicle and driving the instant vehicle on the road of the second line in the old U.S.A. and then driving on the road of the second line in the old U.S.A. and then driving on the two-lane and the side of the two-lane, he was predicted by the negligence that he was unable to safely see the direction, and C was injured by the said drilling, who was on the driver’s seat of the said truck.

(hereinafter “instant accident”). D.

In the instant accident, C suffered injury due to the central vertebrate, Nos. 3, 4, clifin escape symptoms, brain-proof sugar, and luminous flag disorder.

E. By October 12, 2018, the Plaintiff recognized the instant accident as an occupational accident, and paid C medical care benefits of KRW 88,389,610, temporary layoff benefits of KRW 54,509,220, disability benefits of KRW 67,977,730.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 13 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Occurrence and scope of liability for damages;

A. According to the above recognition that the accident of this case occurred, since D did not fulfill its duty of care in the course of driving the vehicle of this case, the defendant who entered into a mutual aid agreement with respect to the operation of the vehicle of this case is liable to compensate C for the damage caused by the accident of this case.

B. As seen earlier, the apportionment ratio of liability for damages.

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