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(영문) 대법원 2015.12.10 2015다230228
구상금
Text

The judgment below is reversed, and the case is remanded to Daejeon District Court Panel Division.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. If the Korea Workers’ Compensation and Welfare Service, who is the insurer of the industrial accident compensation insurance, provides the workers with the industrial accident compensation insurance benefits, it shall subrogate and acquire the right to claim against the third person of the workers affected within the limit

In addition, in the event that the Korea Labor Welfare Corporation, after receiving insurance benefits from a victim due to an illegal act, subrogated the victim's tortfeasor or the insurer's damage liability for the whole amount of insurance benefits to the victim's tortfeasor or the insurer within the scope of the damage liability calculated in consideration of the victim's negligence, etc., the Korea Labor Welfare Corporation may subrogate the victim's damage liability for the whole amount of the insurance benefits.

(1) The term “the person who actually performs the duty of care,” and “the person who actually performs the duty of care,” and “the person who actually performs the duty of care,” and “the person who actually performs the duty of care,” and “the person who actually performs the duty of care,” and “the person who actually performs the duty of care,” and “the person who actually performs the duty of care,” and “the person who actually performs the duty of care,” respectively.

2. The record reveals that ① the Defendant is the insurer who entered into a motor vehicle liability insurance contract (hereinafter “instant liability insurance contract”) with respect to the vehicle A (hereinafter “instant vehicle”) as the insured; ② the company is the Plaintiff’s insured; ② the company is the Plaintiff’s insured; ③ the company is the Plaintiff’s employee; ③ the company is the extension construction work on the Hongsung-gun Hong-gun Water Supply System around 12:24 August 13, 201; and ③ the company was engaged in the expansion of the defect repair work on the Hongsung-gun Water Supply System at Hongsung-gun, Hongsung-gun; while the vehicle was loaded and moved on the freight of the instant vehicle to be loaded on the vehicle, the instant vehicle was removed from the road due to its shock (hereinafter “instant accident”); and ④ the Plaintiff suffered injury, such as the external wound, etc. as a result, on the instant accident.

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