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1. The Defendant’s KRW 60,042,220 as well as 5% per annum from May 29, 2015 to November 18, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who entered into an insurance contract for cargo and special motor vehicle for business use with respect to D complaint vehicles registered in the name of Nonparty C (hereinafter the instant complaint vehicles).
The defendant is a company engaged in the business of manufacturing special motor vehicles and related products, which manufactures and sells the instant motor vehicle for accusation.
B. Around 12:00 on October 4, 201, Nonparty F, an employee of Nonparty E, was on board the instant vehicle operated by Nonparty I at the construction site of the construction site of the construction site of the instant vehicle built by Nonparty G Co., Ltd., for repair and maintenance of the outer wall, was separated from the connection between the boom boom boom and the boarding boom during the filing of the instant complaint work vehicle, and fell under the floor below 3.5 meters. Accordingly, Nonparty F suffered injury, such as the left-hand boom, the right-hand boom boom, the right-hand boom booms, etc.
(hereinafter referred to as "the accident of this case")
In relation to the instant accident, Nonparty Korea Workers’ Compensation & Welfare Service, who paid the industrial accident insurance benefits to F, filed a lawsuit seeking reimbursement against the said I, C, and Defendant at the Gwangju District Court 2014Kadan523430 (hereinafter “relevant case”).
On May 20, 2015, on the ground that the instant accident was an accident during the operation of the said accusation work vehicle, the said court sentenced the Korea Labor Welfare Corporation to jointly pay KRW 28,783,203 and interest for delay. The said judgment became final and conclusive on June 11, 2015.
In relation to the instant accident, the Plaintiff paid KRW 60,042,220 in total, including the principal and interest of the said judgment, KRW 33,132,220, KRW 24,600,000 for damages exceeding the industrial accident insurance benefits, and KRW 2,310,000 for the said case (Attorney Fees).
[Ground of recognition] Facts without dispute, Gap 1-5 evidence, Gap 15 evidence, the purport of the whole pleadings
2. Assertion and determination
A. The plaintiff's assertion is that the accident of this case is the vehicle of this case.