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(영문) 광주고등법원 2019.01.11 2018나23765
구상금
Text

1. The part against the defendant in the judgment of the court of first instance against the defendant is revoked, and the plaintiff who falls under the revoked part against the defendant C.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a mutual aid agreement with limited liability companies D and E 18 tons car truck (hereinafter “Plaintiff”), and Defendant C and Fgalloned car (hereinafter “Defendant”) with respect to Defendant C and Fgalloned car (hereinafter “Defendant”), respectively, a comprehensive automobile insurance contract with the type of security as collateral I, personal compensation II, and property compensation (hereinafter “instant insurance contract”).

B. The insurance terms and conditions applicable to the instant insurance contract stipulate as follows with respect to damages not covered by the insurance company relating to personal compensation II:

1. Where he/she does not separate the general exemption from liability, he/she she shall be able to obtain the dicin compensation II:

(f) Where the insured uses an insured motor vehicle for his/her business, any other employee who is engaged in the business of the employer and is entitled to receive accident compensation under the Industrial Accident Compensation Insurance Act (hereinafter referred to as the “Industrial Accident Compensation Insurance Act”): Provided, That if the damage suffered by the insured exceeds the scope of compensation under the same Act, the excess damage shall be compensated.

C. On January 10, 2012, at around 06:34, Defendant C: (a) discovered and immediately avoided the Plaintiff’s vehicle parked in the stop in order to take the Ha, I, and J (hereinafter collectively referred to as “victims”) who is an employee of G in the Defendant’s car into the work site and take the Ha, I, and J (hereinafter collectively referred to as “the instant accident”) on the same day; (b) caused the instant accident to fall under approximately 10 meters below the opposite side of the road while getting out of the road while driving the Plaintiff’s vehicle during the stop in order to take up the Ha, I, and J (hereinafter referred to as “the instant accident”); and (c) caused the injury, such as the injury of the side water and the injury of the Ha, such as the injury of the water damaged by the 11-12, and the injury of the sea water, such as the injury of the water damaged by sea water, etc., each.

The Korea Labor Welfare Corporation shall inflict an injury on the victims due to the instant accident.

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