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(영문) 서울중앙지방법원 2015.12.22 2013가단5159663
손해배상(자)
Text

1. The Defendant’s KRW 15 million with respect to the Plaintiff and the Plaintiff’s annual rate of 5% from May 10, 201 to December 22, 2015, and the following.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition 1) The Defendant’s dump trucks B and C (hereinafter “Defendant’s truck”).

A) Around 15:20 on May 10, 201, D (hereinafter “the instant accident”) driven by the Defendant truck and proceeded with the road at a speed of 50 km/h from the west-gun to the left side of the white mine without any central line in the Yanyang-gun, Chungcheongnam-do at a speed of 15:20 on May 10, 201, and D (hereinafter “the Plaintiff’s vehicle”). As a result, D (a) was driven by the Plaintiff, who was driving on the opposite side of the road, was faced with the E-mail vehicle (hereinafter “the Plaintiff’s vehicle”).

At the time, the Plaintiff did not drive on the right side from the center line on the side of the road, and the left side of the fronter of the Plaintiff’s vehicle and the fronter of the Defendant’s truck were conflicting. The speed immediately before the accident is presumed to be 51 to 60km/h of the Plaintiff’s vehicle, and 41 to 50km/h of the Defendant truck.

3) On the ground that the instant accident was an industrial accident, the Plaintiff received KRW 78,915,180 from the Korea Workers’ Compensation and Welfare Service to May 7, 2015, the medical care benefits of KRW 88,601,50, and disability benefits of KRW 30,070,560 from the Korea Workers’ Compensation and Welfare Service. (4) The Korea Workers’ Compensation and Welfare Service filed a lawsuit seeking reimbursement against the Defendant, etc. under the Daejeon District Court 2014Da207693, on the premise that the ratio of the Plaintiff’s negligence was 80%.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1, 2, 5, 7, 10, 11, Eul evidence No. 4, fact-finding results with respect to the Korea Labor Welfare Corporation, the purport of the whole pleadings]

B. According to the above fact of recognition of liability, the defendant is liable for the damages suffered by the plaintiff due to the accident of this case as an insurer.

2. Scope of liability for damages;

(a) Personal information of the plaintiff: Fast and male;

B. Reasons for consideration: Circumstances revealed in the arguments in the instant case, including the developments leading up to the instant accident, the Plaintiff’s age, the parts and degree of the Plaintiff’s injury, and the Plaintiff’s king disability.

(c) recognized amount: 1.1.

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