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1. The Defendants jointly share KRW 36,160,00 with respect to the Plaintiff and KRW 5% per annum from February 23, 2019 to July 16, 2020.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into an insurance contract with Nonparty E (hereinafter “Nonindicted Company”) with the insured company, the insurance period from November 21, 2018 to November 21, 2019, and determined as KRW 300 million (per person) with the insured’s amount of insurance coverage. As a result, the Plaintiff is an insurer who entered into an insurance contract with domestic workers’ accident compensation liability for damages incurred by the insured in excess of the amount of special terms and conditions of accident compensation liability and the amount of accident compensation paid in accordance with the Act and subordinate statutes on accident compensation arising from occupational accidents.
B. Defendant B is the driver of the F Freight Vehicle (hereinafter “Defendant Vehicle”); Defendant C Co., Ltd. (hereinafter “Defendant Company”) is the owner of the Defendant Vehicle and the user of the Defendant Vehicle; and Defendant D Federation (hereinafter “Defendant Federation”) is the mutual aid business operator who entered into a mutual aid agreement regarding the Defendant Vehicle.
C. Around December 11:15, 2018, Nonparty G (hereinafter “victim”) who is an employee of the Nonparty Company, was driving a vehicle in the I logistics warehouse, an incorporated association located in H, and was engaged in the work to load the loaded goods ( Textbooks) loaded on the Defendant’s vehicle. However, in the situation where the Plaintiff was entering a sales set of goods loaded on the Defendant’s vehicle, the accident was caused by the Defendant B’s wind to move the Defendant’s vehicle in the future, resulting in the Plaintiff’s death (hereinafter “instant accident”).
The Plaintiff assessed the consolation money of the victim at KRW 75,200,000, considering the negligence of the victim as 10%, and paid the bereaved family members of the victim at KRW 75,200,000 as insurance money on February 22, 2019.
Since then, the Plaintiff returned KRW 24,000,000 from the Defendant Federation.
[Ground of recognition] without any dispute, Gap's 1, 2, Gap's 3-1, 2, Gap's 4, Gap's 5-1 through 3, Gap's 6.