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(영문) 서울남부지방법원 2015.01.22 2014나51843
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the judgment, added “the result of the fact-finding on Escoin in the court of first instance” to “the result of the fact-finding on Escoin in the court of first instance” in the second part of the judgment. The third part “the victim” in the third part is dismissed as “the victim,” and the fourth part 3 through 5 and the third part 16 of the judgment in the fourth part are the same as the written judgment of the court of first instance, and thus, they are cited in accordance with the main part of Article 420 of the Civil Procedure Act.

[Supplementary Use]

C. The defendant's assertion 1) Article 14 of the Business Automobile Insurance Clause of the insurance contract which F has subscribed to with respect to the instant vehicle

1.Matters of general immunity (2) 9 E.W.

According to Paragraph 2, “The person who is an employee of the insured who is liable for damages and is entitled to the accident compensation under the Industrial Accident Insurance Act shall not be compensated for the loss corresponding to Section 2.” However, since the person is the employee of F, who is the insured and the owner of the vehicle, the person who is the insured, is exempted from Section 2 as to the right to claim damages against F.

B) In addition, according to the above 9-F (f) of the said 9-B, “where the insured uses the insured motor vehicle for his/her business, other employees engaged in his/her business who are entitled to accident compensation under the Industrial Accident Compensation Insurance Act shall not be compensated for the loss in question.” However, as to the right to claim damages against the victim B, the Defendant is exempted from the liability to compensate for the loss in question only to the extent of the personal damages suffered by the victim. Therefore, the Defendant bears the liability to compensate for the loss only to the extent of the personal damages Ⅰ out of the damages suffered by the victim. 2) The Plaintiff’s alleged victim is not a person employed by D, who is employed by

1.Matters of general immunity (2) 9 E.W.

The exemption clause does not correspond to the exemption clause, therefore.

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