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(영문) 대전지방법원 2016.08.03 2014가단217041
구상금
Text

1. The Plaintiff:

A. Defendant A’s KRW 19,121,425 as well as 5% per annum from December 15, 2012 to August 3, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that is entrusted by the Minister of Employment and Labor with the industrial accident compensation insurance business under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”), and the Defendant A is the owner of the Defendant’s vehicle B (hereinafter “Defendant’s vehicle”) and the Defendant Bar Insurance Co., Ltd. (hereinafter “Defendant Insurance Co., Ltd.”) is the insurer that has concluded an automobile insurance contract that covers personal compensation I (liability insurance) with respect to the Defendant’s vehicle.

B. At around 09:30 on July 26, 201, Defendant A stopped on the right side of the road in order to park the Defendant vehicle on the front side of the road located in Busan City, Asan City, and started a vehicle on the left side to move to another place. In order to collect marin food at the time, Defendant A was shocked into the right side part of the E-food Collection Vehicle owned by the Cheongju Environment Co., Ltd. (hereinafter “Plaintiff”) which was proceeding on the left side of the Defendant vehicle in order to collect marine food at the time.

(hereinafter referred to as “instant accident”). C.

In the instant accident, workers F and G (hereinafter referred to as “victims”) of the Cheong wood Environment Co., Ltd., which were moored on the right side of the Plaintiff’s vehicle, suffered injuries, such as cutting off the left side leg, cutting down the pelle, cutting down on both sides, and destruction and damage of the pelle.

The Plaintiff recognized the instant accident as an occupational accident and paid 12,593,740 won as temporary layoff benefits, 6,421,880 won as medical care benefits, and 13,63,300 won as disability benefits, and paid 14,916,210 won as temporary layoff benefits, 9,141,570 won as medical care benefits, and 36,78,910 won as disability benefits. The final payment date is December 14, 2012.

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

2. The occurrence and scope of liability for damages;

A. According to the above facts of recognition of liability, Defendant A is liable to compensate for the damages suffered by the victims as the operator and owner of the Defendant vehicle.

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