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(영문) 대전지방법원 2015.07.10 2015나101144
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is the Insurance Corporation established under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”), and the Defendant is an insurer who entered into an automobile liability insurance contract with A (hereinafter “instant vehicle”) as the insured under the Large Pung Construction Co., Ltd. (hereinafter “instant vehicle”).

B. Large Pung Construction Co., Ltd. is the Plaintiff’s insured, and B (hereinafter “victim”) is the worker of large Pung Construction Co., Ltd.

C. On August 13, 201, 12:24, 201, the victim was involved in an accident that the instant vehicle passed through the speed prevention threshold and fell on the road due to its shock while moving while carrying the cargo loading of the instant vehicle driven by Hongsung-gun, Hongsung (hereinafter “instant accident”), while performing the waterworks expansion project construction on the Hongsung-gun, Hongsung-gun, Hongsung (hereinafter “Seung-gun”). Accordingly, the victim suffered an injury, such as the thaloid, etc.

The Plaintiff paid KRW 129,00,00 on October 24, 2012, totaling KRW 30,000 on November 16, 2012, and KRW 129,000 on the medical expenses for disability benefits to the in-house Seoul White Hospital, which recognized the instant accident as an occupational accident, and treated the in-house victim. On November 28, 2012, the Plaintiff paid KRW 18,069,200 on a lump sum of disability benefits to the in-house victim.

E. Meanwhile, according to the instant liability insurance contract, the maximum amount of the Defendant’s liability insurance payment for the victim is KRW 2,400,000 (class 8 of the victim’s injury grade) and the maximum amount of disability insurance payment KRW 22,50,000 (class 9 of the victim’s disability grade).

F. On September 31, 201, the Defendant paid 2,400,000 won to the victim for the purpose of injury insurance (the amount of injury insurance) and 11,438,580 won for the purpose of disability insurance (the agreed amount) on May 22, 2013, and paid 10,841,520 won to the Plaintiff as disability insurance (the agreed amount) on May 31, 2013.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 to 3.

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