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(영문) 서울중앙지방법원 2016.08.26 2016가단5035072
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings as to Gap evidence Nos. 1, 2, and 6.

The plaintiff is a special corporation established for the purpose of protecting workers under the Industrial Accident Compensation Insurance Act.

Dorts Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Company”) is an insurance company that has concluded a comprehensive automobile insurance contract for C Trucks (hereinafter “Defendant”). Defendant A is the driver of the Defendant vehicle, and Defendant B is the owner of the Defendant vehicle.

B. (i) On February 27, 2013, around 13:18, 2013, at the vicinity of the slope distance Kimpo-si, D has changed the course from the above point to the two-lane, while driving along the three-lane of the 5-lane of the Kimpo-si, the traffic accident (hereinafter “the traffic accident in this case”) where the part on the right-hand side of the Defendant vehicle running two-lanes in the same direction was shocked into the left-hand side of the Plaintiff vehicle (hereinafter “instant traffic accident”).

B. D In the instant traffic accident, D suffered injury, such as brain, salute, salute, salute, salute, salute, left-hand salute, salute, salute, salute, salute, salute, and tensions, 2-7 times at the left-hand side of the salute salute, and salute salute, etc.

C. The Plaintiff recognized the instant traffic accident as an occupational accident and paid D the insurance benefits under the Industrial Accident Compensation Insurance Act (i.e., KRW 14,753,860 of temporary layoff benefits + Medical care benefits of KRW 4,696,050 + Disability benefits of KRW 17,572,660 of disability benefits).

2. Summary of the parties' arguments

A. Under Article 750 of the Civil Act, Article 3 of the Guarantee of Automobile Accident Compensation Act, and Article 724 of the Commercial Act, the Defendants are the victims of the instant traffic accident.

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