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(영문) 대구지방법원 2019.01.23 2018나308526
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a special corporation established under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”) and entrusted by the Minister of Employment and Labor with the industrial accident compensation insurance business. B is the Plaintiff’s insured, and D and E are workers employed by the Plaintiff.

The Defendant is an insurer who entered into a comprehensive automobile insurance contract (hereinafter “instant insurance contract”) which includes “large Compensation I” as a liability insurance with respect to the C presso vehicle owned by B (hereinafter “instant vehicle”).

B. On November 26, 2013, D performed a business trip with E on November 26, 2013, at around 15:50, D, driving the instant vehicle on the top of the instant vehicle, leading up to the port of the Daegu Port Highway (IC) and neglecting the duty of care to maintain safety distance, resulting in an accident of towing the Poter II vehicle that was proceeding on the front bank (hereinafter “instant accident”).

C. In the instant accident, E suffered from injury, such as the upper pelle electronic pelle, the left pelle executive pelle to the left pelle, the left pelle pelle to the left pelle, the left pelle to the left pelle, the left pelle to the left pelle, etc., was hospitalized at H Hospital from November 26, 2013 to December 2, 2013, and the medical expenses incurred KRW 8,747,90 in total.

The injury suffered by E as above falls under class 1 as set forth in attached Table 1 of Article 3(1)2 of the former Enforcement Decree of the Guarantee of Automobile Accident Compensation Act (amended by Presidential Decree No. 25149, Feb. 5, 2014; hereinafter the same) (amended by Presidential Decree No. 25149, Feb. 5, 2014; hereinafter the same) and is KRW 20 million.

E was hospitalized in G hospital, I hospital, etc. from December 2, 2013 to July 13, 2014, and was hospitalized in G hospital, I hospital, etc. from July 14, 2014 to December 31, 2015.

E As above, it provides medical treatment on December 31, 2015.

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