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(영문) 광주지방법원 2018.06.27 2017나64346
구상금
Text

1. Defendant A among the judgment of the court of first instance, falls under the following amount ordered to be paid.

Reasons

1. Basic facts

A. Status 1 of the parties concerned) The Plaintiff is the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”).

A) A special corporation that is entrusted with industrial accident compensation insurance affairs by the Minister of Employment and Labor pursuant to such terms and conditions, and a corporation is a regional resident in Korea (hereinafter “AR Korea”).

(B) is an industrial accident compensation insurance policyholder and B (hereinafter referred to as “victim”) under the Industrial Accident Compensation Insurance Act.

(2) Defendant A is a driver who operated an automobile C (hereinafter “instant accident vehicle”) and Defendant Samsung Fire is an insurer who concluded an automobile insurance contract with respect to the instant accident vehicle.

B. (1) On February 18, 2014, around 12:45, Defendant A shocked one ton of the cargo vehicles parked on the back road while driving on the right-hand route before the E-Contracting located in Jeju Island (hereinafter “instant accident”).

(C) The Plaintiff paid temporary disability compensation benefits of KRW 1,609,650, which recognized the instant accident as an occupational accident, up to May 8, 2014. [based on recognition] fact that there is no dispute, Party A’s evidence Nos. 1 through 4 (including the number of pages), and the purport of the entire pleadings.

2. Claim against the defendant A;

A. The plaintiff's assertion that the defendant A is the driver of the vehicle involved in the accident of this case, who caused an injury to the victim due to gross negligence that neglected to perform his/her duty in front of the accident, and thus, he/she is liable to compensate for the damage suffered by the victim. The plaintiff shall exercise his/her right to compensation for damage suffered by the victim to the defendant A within the limit of paying insurance benefits under

Therefore, Defendant A is obligated to pay damages in response to the Plaintiff’s claim for reimbursement.

B. The legislative intent of Article 29(1) main sentence and proviso of the Constitution and Article 2 of the State Compensation Act is to be determined.

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