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(영문) 서울중앙지방법원 2018.07.20 2017가단5099585
구상금
Text

1. The Defendants jointly share KRW 29,804,447 with the Plaintiff and 5% per annum from February 27, 2016 to July 20, 2018.

Reasons

1. Occurrence of claims for indemnity;

A. The facts of recognition (1) The Plaintiff is a corporation operating an industrial accident compensation insurance business entrusted by the Minister of Employment and Labor pursuant to the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”); the Magjin Unemployment Co., Ltd. (hereinafter “Magjin Unemployment”) is a policyholder of industrial accident compensation insurance under the Industrial Accident Compensation Insurance Act; the Defendant A is a driver of a typ-type vehicle (vehicle number B: hereinafter “Man-type vehicle”); and the Defendant Samsung Fire Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”) is an insurer who has concluded a sales liability insurance contract for the cab.

(2) On May 29, 2014, at around 11:30, Defendant A, while driving a sea vehicle at a window-loading place of the non-party company located in Guro-gu Seoul Metropolitan Government Guro-gu, the part of the right edge of the C (hereinafter “victim”) belonging to the sub-committee, which was waiting for driving meals at the left corner of Cra in front of Cra, was turned out by output due to the failure to manipulate the hand of the wing vehicle and the brack, and caused injury, such as the upper part of the body of the right leg.

(3) The Plaintiff recognized the instant accident as an occupational accident and paid 13,569,870 won for medical care benefits, 18,894,360 won for temporary layoff benefits, and 15,306,880 won for disability benefits (Lump-sum payment) to the victim until February 26, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

B. According to the recognition of the liability for damages and the recognition of the occurrence of the claim for indemnity, the accident of this case was caused by Defendant A’s violation of the duty of safe driving and the front-down of the sea-going vehicle driver, and Defendant A is liable to compensate for damages suffered by the victim as a tort because the victim caused the above injury due to the sea-going vehicle. Defendant Samsung Fire is liable to compensate for damages suffered by the victim as a tort.

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