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(영문) 서울중앙지방법원 2017.11.23 2017가합529224
구상금
Text

1. The Defendant’s KRW 236,959,228 as well as the Plaintiff’s annual rate of 5% from April 4, 2017 to November 23, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a special corporation established for the purpose of protecting workers upon being entrusted with the industrial accident insurance business by the Minister of Employment and Labor pursuant to the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”), and A is as follows.

As stated in the subsection, B car truck (hereinafter referred to as “instant cab”) is a person who drives, and the defendant is a mutual aid business operator who has agreed to compensate for the damages incurred by the operation of the instant cab.

B. On November 7, 2013, at around 20:05, A was driving the instant melting vehicle on the street in front of the 60 tons factory in the Jung-gu Incheon, Jung-gu, Incheon, Jung-gu, 1-10 Hyundai Steel, which had been driven by the vehicle traffic at the front line of the front line of the 60 tons of the front line of the front line of the front line of the front line of the front line of the front line of the front line, and caused injury to the victim by shocking the upper part of the front line operated by Hyundai Steel Co., Ltd. (hereinafter “business owner”) who is an employee of the left side of the two-lanes of the opposite road.

(hereinafter referred to as “instant accident”) C.

With respect to the instant accident, the Plaintiff paid total of KRW 472,70,620,00,000 for medical care benefits under the Industrial Accident Insurance Act until October 13, 2017 from the date of the instant accident (hereinafter “the date of the payment of insurance benefits”), including medical care benefits of KRW 282,218,710, temporary disability compensation benefits of KRW 100,103,290, and injury-disease compensation annuities of KRW 90,378,620.

[Reasons for Recognition] Unsatisfy, Gap's statements in Gap's 1 to 8, 11 to 12, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) As to the instant accident, the Plaintiff paid insurance benefits under the Industrial Accident Insurance Act to the victim, the victim subrogatedly acquired the right to claim damages against the Defendant within the insurance amount. 2) The victim suffered damages of KRW 338,513,183 due to the instant accident (=282,218,710 passive damages).

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