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(영문) 서울중앙지방법원 2017.05.01 2016나51384
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is a juristic person entrusted with the industrial accident compensation insurance business under the Industrial Accident Compensation Insurance Act, and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with respect to A Tricker owned by the said company (hereinafter “Defendant vehicle”) from April 25, 2012 to April 25, 2013.

B. On January 24, 2013, around 21:48, an accident occurred between the Defendant and the Defendant’s vehicle (hereinafter “instant accident”), where the Defendant’s employee, who was employed by the said company, intentionally entered the said crossing without permission due to the vehicle stop signal, when the Defendant’s vehicle, who was employed by the said company, went through the said crossing of the vehicle at the front of the front direction of the said chemical, while the vehicle for entering and returning the said vehicle in the C Station located in the king-si, J. D (hereinafter “victim”) at the right edge of the service personnel of the Korea Railroad Corporation (hereinafter “victim”) who was on board the front of the front direction of the said chemical, was caused by the said vehicle and the Defendant’s vehicle.

C. On January 24, 2013, the victim suffered injuries in the instant accident, such as the pressure traps and mastals to the right side, both sides and salteds, and the 5nd peltoals to the right side, and received emergency treatment at an E Hospital on January 24, 2013. From January 25, 2013 to April 18, 2013, the victim received hospitalized treatment (from January 25, 2013 to March 7, 2013) or outpatient treatment at a clinic outside the Facium (from January 25, 2013 to March 7, 2013).

Until March 30, 2015, the Plaintiff paid KRW 6,426,280,00 in total, KRW 262,780 of medical care benefits and temporary disability compensation benefits and KRW 6,163,500 to the victims of occupational accidents caused by the instant accident.

(hereinafter referred to as "the insurance benefits of this case" in general referring to the above medical care benefits and temporary layoff benefits. [Grounds for recognition] There is no dispute, entry of Gap evidence 1 through 6, Eul evidence 1 and 3, the video of Eul evidence 2 and the purport of the whole pleadings.

2. The liability for damages and the occurrence of the right of indemnity.

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