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(영문) 부산지방법원 2020.05.26 2018가단332237
구상금
Text

1. The Defendants jointly share KRW 19,882,908 with respect to the Plaintiff and the period from November 14, 2018 to May 26, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity entrusted with industrial accident compensation insurance business by the Minister of Employment and Labor pursuant to the Industrial Accident Compensation Insurance Act, and C is an employee belonging to D (hereinafter “Nonindicted Company”) who is an industrial accident compensation insurance policyholder, and the Defendant A is the owner of the Defendant E (hereinafter “Defendant”) and the Defendant B (hereinafter “Defendant Company”) is the insurer who has concluded the comprehensive automobile insurance contract for the Defendant vehicle.

B. On December 30, 2015, Defendant A operated the Defendant’s vehicle at the port Nos. 6 of Ulsan-gu, Ulsan-gu, U.S., U.S. 10, and loaded the snive beam on FF freight vehicles, Defendant A, among the operations of operating the Defendant vehicle at the port No. 6 of Ulsan-gu, U.S., U.S., U.S., U.S. 10, 201, she shocked C’s snive beam, which was waiting for the management of the snive vehicle in the vicinity of the snive beam, in order to deduct the snive beam of the Defendant vehicle from the snive beam in the snive beam.

C. By November 13, 2018, the Plaintiff recognized the instant accident as an occupational accident, and paid C temporary layoff benefits amounting to KRW 10,796,240, disability benefits amounting to KRW 32,626,020, health care benefit amounting to KRW 7,530,790.

[Ground of recognition] The facts without dispute, Gap's entries in Gap's evidence Nos. 1-1, 3-1, 4-1 through 4-3, 7-2, and 8-2, and the purport of the whole pleadings

2. Determination

A. According to the Defendants’ liability for damages and the Plaintiff’s claim for reimbursement, the instant accident occurred due to Defendant A’s negligence, which caused the fall of the sn beam beam in the sn beamline from the Defendant’s vehicle to the sn beamline.

As such, the defendant Company, the insurer of the defendant A and the defendant vehicle, is jointly liable for damages caused by the accident in this case.

However, as C, the Defendants’ liability is limited to 90% in consideration of the fact that it is necessary to promote the safety of themselves during the sn beam beam operations.

On the other hand, C.

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