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1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff is a corporation established for the purpose of compensating for any occupational accident of workers entrusted by the Minister of Employment and Labor under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”). Multi-food Co., Ltd. is an insured under the Industrial Accident Compensation Insurance Act, and A is a multi-food employee of a corporation.
B. At around 10:50 on September 2, 2013, A, while driving a freezing tower (B; hereinafter referred to as “Plaintiff-owned vehicle”), at the point of 51 km in Ulsan-gun, Ulsan-gun, Busan-do, the chief driver of the vehicle stopped at the point of 51 km in Busan-do, and took safety measures to ensure prompt driving of the vehicle driven by the vehicle from the rear side of the vehicle, and the vehicle was moved to the side of the vehicle. On the other hand, A was hospitalized at the point of 51 km in Ulsan-gun, Ulsan-gun, the first driver of the vehicle at the point of 51 km in Busan-do, and was hospitalized at the point of 13rd through 201, and was hospitalized at the point of 13rd to the side of the vehicle (E; hereinafter referred to as “Defendant-owned vehicle”); and A was hospitalized at the point of 3rd to 1,201, 13rd to 31,201.
C. The defendant is an insurer who has concluded an insurance contract with respect to the defendant vehicle.
The Plaintiff approved A's injury as an occupational accident, and paid A KRW 3,258,060 as medical care benefits and KRW 2,371,680 as temporary layoff benefits until December 16, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above recognition of the Plaintiff’s right to indemnity, the instant accident was erroneous by misapprehending the duty of care required in the course of moving the Plaintiff’s vehicle to the side, and by checking whether the Plaintiff, a driver of the Plaintiff’s vehicle, was a prior vehicle, and whether the Plaintiff, a driver of the Defendant’s vehicle, was a prior vehicle, thereby reducing the speed and driving safely.