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(영문) 대구지방법원 2017.05.30 2016가단130643
구상금
Text

1. The Defendants jointly share KRW 47,510,570 to the Plaintiff and KRW 5% per annum from May 29, 2014 to May 30, 2017.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) The Plaintiff is a special corporation established under the Industrial Accident Compensation Insurance Act and entrusted by the Minister of Employment and Labor with the industrial accident compensation insurance business. The Plaintiff is an insurer that the deceased C (C, Chinese national, hereinafter “the deceased”) has subscribed to industrial accident compensation insurance.

Defendant A is an operator of D B B BV or passenger car (hereinafter referred to as “AW”) which is a vehicle involved in the instant accident, and Defendant B is the owner of the AW, and Defendant Eastern Fire Marine Insurance Co., Ltd. (hereinafter referred to as “Defendant East Fire”) is the insurer who entered into a comprehensive automobile insurance contract with Defendant B regarding the AW vehicle.

(2) On May 2, 2014, at around 18:40 on May 2, 2014, Defendant A, while driving an accident vehicle on the roads near both north-west-west-west-west-west-west-west-west-si, Defendant A covered the Deceased who was working in the course of the maintenance work at the edge of the road beyond the central line on the wind to operate the vehicle into the left-hand side of the vehicle and was going to the site of the maintenance work by water at the edge of the road beyond the central line. Accordingly, the Deceased died during the transfer of the hospital.

(3) On May 28, 2014, the Plaintiff paid KRW 113,880,000 as the lump-sum survivors’ compensation benefits, and KRW 10,512,000 as funeral expenses to E (E) who is the spouse of the deceased, who is the beneficiary of the industrial accident compensation insurance, as the insurer following the purchase of the industrial accident compensation insurance for the deceased.

【Ground of recognition】 The facts without dispute between the parties involved, Gap evidence 1 through 8, 10 through 13, Eul evidence 1-1 through 4, and the purport of the whole pleadings

B. According to the grounds for and facts acknowledged prior to the limitation of liability, Defendant A is an illegal person who operated a sea vehicle and caused the instant accident, and Defendant B is the owner and the public manager for operation of the sea vehicle, and Defendant B’s Dong fire.

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