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(영문) 서울남부지방법원 2015.07.17 2015나51536
구상금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following payment order shall be revoked, and that part shall be revoked.

Reasons

1. Basic facts

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

The Defendant Samsung Fire Marine Insurance Co., Ltd. (hereinafter “Defendant Company”) is an insurer who has concluded a comprehensive automobile insurance contract with Defendant A regarding the instant vehicle for ready-mixed vehicles (hereinafter “instant vehicle”).

B. At around 09:00 on February 27, 2010, D, an employee of the instant accident C company (hereinafter “victim”), was in use of waste concrete with water heading in order to conduct water cleaning within the F company’s place of business located in E at the time of harmony, and the instant vehicle driven by Defendant A was behind the instant vehicle and was driven by Defendant A, leading up to the right edge of the victim’s right edge with the front wheels (hereinafter “instant accident”).

As a result of the instant accident, the victim suffered injuries, such as the examination of the heart, dypology and skin to the right bed, the right bed salted, the right bed, the right bed salted, the luxin salt, the luxin salt, the left-hand bed, etc.

B. The Plaintiff recognized the instant accident as an occupational accident, and paid KRW 12,580,410 of temporary disability compensation benefits and KRW 25,480,390 of disability lump-sum disability compensation benefits pursuant to the Industrial Accident Compensation Act (hereinafter “Industrial Accident Compensation Act”).

C. The Defendant Company paid 3,647,600 won to the victim’s medical expenses.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 5, Eul evidence No. 2, the purport of the whole pleadings

2. Liability for damages and occurrence of the right of indemnity;

A. According to the above facts, the accident of this case occurred due to negligence that the defendant A breached the duty of care to examine the rear while driving the vehicle of this case. Thus, the defendant A and the defendant A, who is the driver of the vehicle of this case, are jointly and severally liable for damages.

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