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(영문) 서울중앙지방법원 2019.12.11 2019나40941
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. (1) The Plaintiff is a juristic person entrusted with the industrial accident compensation insurance business by the Minister of Employment and Labor under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”), and B is a business owner who purchased the industrial accident compensation insurance, and C is a worker of B, who is the expressway fee recipient.

(2) The Defendant is an insurer who has concluded a comprehensive automobile insurance contract with respect to D vehicles (hereinafter “Defendant vehicles”).

B. On February 7, 2016, C where the instant accident occurred, while working in Pyeongtaek-gun, Youngdong Highway ETolpt, Pyeongtaek-gun, Seogwon, Seogyeong-gun, the number of Halls installed on the Defendant’s vehicle was stopped on the right side of the detection of the Defendant vehicle that failed to pay the fare for the expressway traffic, and the Defendant vehicle was stopped on the right side of the detection of the vehicle that was exposed to the failure to pay the fee for the expressway traffic, and the vehicle was located in the office located in the ETol to pay the fee by receiving the Hath card from the driver of the Defendant vehicle.

However, the defendant vehicle continued to stand over the left part of C, and suffered injury to C such as the upper left part of C's upper part, the upper part of C's upper part, the upper part of C's upper part, and the upper part of C's upper part of C's upper part.

C. With respect to the instant accident, the Plaintiff paid 16,443,810 won as insurance benefits under the Industrial Accident Insurance Act (i.e., temporary layoff benefits of KRW 5,258,160, and disability benefits of KRW 8,606,570) to C.

[Reasons for Recognition] Facts without dispute, Gap 1 to 13 evidence, Eul 1 to 3 evidence (including each number), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the facts of recognition of the above liability, the accident of this case occurred due to the violation of the duty of safe driving, such as neglecting the duty of safe driving, such as driving the driver of the defendant vehicle to drive the vehicle to a post-oner and neglecting the post-oner, and thus, the defendant, who is the insurer of the defendant vehicle, is liable to compensate

(b).

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