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(영문) 서울남부지방법원 2017.02.15 2016나57678
구상금
Text

1. The text of the judgment of the first instance, including the Plaintiff’s claim expanded at the trial room, shall be modified as follows:

Reasons

1. Basic facts

A. The Plaintiff is a public corporation entrusted with the 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”), and the Defendant A is the driver of the vehicle B (hereinafter “HA”), and the Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “TA”) is the insurer who entered into a comprehensive automobile insurance contract with respect to the harming vehicles.

B. Around 10:00 on March 23, 2010, Defendant A driven a sea-going vehicle and driven in Daejeon-do from the Middle Highway Seoul to Daejeon-do. Defendant A caused an accident of harming the rear of the front vehicle which was stopped due to the static body in the middle-class 1 tunnel (hereinafter “instant accident”).

Due to the instant accident, C (hereinafter referred to as “victim”) who was on board a preceding vehicle due to the instant accident, suffered from the injury of the cryp escape certificate of light signboards between 5-6 and the cryp salted base, and received an artificial disc insertion operation on April 5, 2010.

C. By June 21, 201, the Plaintiff recognized the instant accident as an industrial accident, and paid 16,459,210 won in total, including medical care benefits of 1,352,870 won, temporary layoff benefits of 2,312,140 won, disability benefits of 12,794,200 won.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Gap evidence 5, 6, Eul evidence 6, the purport of the whole pleadings

2. Recognition of liability for damages and occurrence of claim for indemnity;

A. (1) According to the facts of the above recognition, Defendant A, as the driver of a sea-going vehicle, has been negligent in violating the duty of care to safely operate the vehicle by sufficiently securing the safety distance with the preceding vehicle, and thereby, caused the instant accident. Thus, Defendant Samsung Fire, as the insurer who concluded a comprehensive insurance contract with respect to the sea-going vehicle, is jointly and severally liable for the damages suffered by the victim due to the instant accident.

(2) On the other hand, the Plaintiff.

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