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(영문) 대법원 2019.04.25 2018다296335
구상금
Text

The judgment below

The part against the plaintiff is reversed and this part of the case is remanded to the Gwangju District Court.

Reasons

The grounds of appeal are examined.

1. Review of the reasoning of the lower judgment and the record reveals the following.

The Plaintiff is a corporation which is entrusted by the Minister of Employment and Labor under the Industrial Accident Compensation Insurance Act (hereinafter referred to as the “Industrial Accident Insurance Act”), and is an employee of a limited company D (hereinafter referred to as “non-company”).

B. On March 6, 2015, around 09:45, the re-employed purchased the goods necessary for the non-party company, and operated the Oralba, operating the Oralba, and changing the lane from the edge of the two-lane road in the city F in Kunsan City to the A.I., while the re-employed worker changed the lane from the edge of the two-lane road to the A.I., the Oralba of the E (hereinafter “the instant vehicle”) with the front right edge of the vehicle driven by the worker Oralba in front of the left side in the direction.

(hereinafter “instant accident”). The instant accident sustained injury by the re-employed employee, such as the appearance of the left-hand salute, salute, and salute of the salute.

C. The Plaintiff recognized the instant accident as an occupational accident and paid 42,436,390 won in total, including 18,186,140 won for medical care benefits, 16,045,200 won for temporary disability benefits, and 8,204,350 won for disability benefits.

The Defendant is an insurer who has concluded an automobile insurance contract with respect to the instant vehicle.

After the accident of this case, the defendant paid 4 million won to the re-employed worker as part of the compensation for damages caused by the accident of this case.

E. Regarding the instant accident, the fault ratio between the reemployed worker and the driver of the instant vehicle recognized by the lower court is 8:2, and the lower court recognized the amount of damages after offsetting the amount of damages and the amount of damages arising from the instant accident as follows.

Separate positive damages (treatment costs) 3,637,368 won after deducting the amount of damages 18,186,840 won,60,801 won, 7,709,484 won from 80% of negligence during the period of the period of the medical care, and 1,620,160 won, 1,541,896 won.

2. The judgment of the court below is in accordance with the Industrial Accident Insurance Act.

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