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(영문) 서울중앙지방법원 2017.10.27 2015가단5338064
구상금
Text

1. The Defendants jointly share KRW 58,789,030 to the Plaintiff and 5% per annum from January 28, 2014 to July 5, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a corporation entrusted with industrial accident compensation insurance business by the Minister of Employment and Labor pursuant to the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”).

The defendant National Trucking Services Federation (hereinafter referred to as the "Defendant Federation") is a mutual aid business operator who has entered into a mutual aid agreement with respect to the vehicle B (hereinafter referred to as the "Defendant Vehicle") and the defendant A is the driver of the defendant vehicle.

B. On October 29, 2012, C, after completing delivery service around 18:00 on October 29, 2012, the instant accident occurred, driving a D-wing vehicle, which is a workplace, to return to the workplace (hereinafter “Plaintiff vehicle”), and driving from the echeon Road to the nives section of the national highway No. 42, from the nives section to the nives section.

At the same time, Defendant A operated the Defendant vehicle to make a left-hand turn from the roadside to the national highway No. 42 to the center line, and the left-hand turn. Defendant A shocked the front part of the driver’s seat of the Plaintiff vehicle as the front part after loading the driver’s seat of the Defendant vehicle.

(hereinafter hereinafter referred to as the instant accident). The instant accident suffered injury “C,” “A,” i.e., e., the pelke of the peltom of the peltom of the peltom of the peltom of the peltom of the peltom of the peltom of the peltom of the peltom of the peltom of the peltom of the peltom of the peltom of the peltom of the peltom of the peltom of the peltom of

C. The Plaintiff recognized the instant accident as an occupational accident, and paid C temporary layoff benefits of KRW 19,562,350, medical care benefits of KRW 17,204,890, and disability benefits of KRW 26,392,960.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, 13, the purport of the whole pleadings

2. Occurrence and scope of liability for damages;

A. According to the facts of recognition 1, the accident location of this case is a place where yellow domin line is installed, and even if the person engaged in driving service has a duty of care to safely proceed to the right side of the central line, Defendant A neglected to do so.

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