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(영문) 서울남부지방법원 2015.05.28 2014나52655
구상금
Text

1. Of the judgment of the court of first instance, the part against Defendant A in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. The reasoning for the court's explanation concerning this case is that ① among the judgment of the court of first instance, the part of the "in respect of the defendant A" in the part of the judgment of the court of first instance, ①, the part of the judgment of the court of first instance, ② the part of the judgment of the court of first instance, ② the part of the judgment of the court of first instance, “in respect of the defendant A,” and the part of the judgment of the court of first instance, “in respect of the defendant A,” and the part of the judgment of the court of first instance, were deleted (in the case of the court of first instance, the judgment of the court of first instance was pronounced in the confession of the defendant, but the dispute was

2. The addition;

A. As to the portion of the “medical care benefits” in the table of the first instance judgment No. 7, the Plaintiff asserts that it is improper to deduct the amount equivalent to the percentage of the insured’s fault (6,064,051 won) from the amount of active damages 20,213,504 won paid by the Plaintiff to the victim, as the Plaintiff’s medical care benefits 14,615,060 won paid to the victim is less than the amount of active damages 20,213,504 won.

In light of the principle of good faith and the principle of good faith, where an industrial accident occurs due to a joint tort committed by a policyholder and a third party, the Korea Workers' Compensation and Welfare Service cannot claim against a third party the amount equivalent to the fault ratio of the policyholder, and in detail, the amount equivalent to the fault ratio of the insured out of the amount of damages to be compensated by the injured worker is deducted from the amount of insurance benefits (However, as the amount to be claimed is limited to less than the amount of insurance benefits, if the amount of damages of the victimized worker is less than the amount of insurance benefits, the amount equivalent to the fault ratio of the insured should be deducted from the amount of the insurance benefits.) can be claimed against the third party only if there is a difference between the amount of damages to be compensated by the injured worker and the amount of the insurance benefits.

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