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(영문) 대구지방법원 2017.09.15 2016가단109687
구상금
Text

1. The Defendant’s KRW 85,669,370 as well as 5% per annum from April 8, 2016 to May 9, 2016, and the next day.

Reasons

1. Basic facts

A. The Plaintiff is a special legal entity established pursuant to the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Industrial Accident Compensation Insurance Act") and entrusted by the Minister of Employment and Labor with the industrial accident compensation insurance business, and is in the relationship between the insurer and the policyholder under the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "non-party company"), and the Defendant is a mutual aid business entity which has concluded a mutual aid agreement with respect to A vehicles (only

B. On July 3, 2014, at around 12:30, Nonparty B driven an accident vehicle and carried to the third apartment of Puuando in violation of the signal from C, an employee of the non-party company C (hereinafter referred to as the “victim”) who was directly engaged in the left-hand turn in violation of the signal to the third apartment of Puando, and suffered injury, such as “lessless climatic damage,” thromatic damage, right-hand brain damage, thromatic damage, thromatic damage, thromatic damage, thromatic damage, thromatic damage, cerebral thromatic damage, and the left-hand anti-mail.”

(hereinafter referred to as the "accident of this case")

C. On March 1, 2012, the victim was employed by the non-party company and was on duty as a part delivery source. The Plaintiff recognized the instant accident as an occupational accident, and paid the victim a medical care benefit of KRW 13,863,30, and the temporary disability compensation benefit of KRW 12,039,440, and the disability pension is paid by recognizing the victim as a third-class pension recipient of the disability grade. Thus, the lump-sum disability compensation benefits that could have been received if the victim had applied for the lump-sum disability compensation without applying for the disability pension is KRW 59,76,630 (average wage of KRW 51,746 x 1,155).

2. The assertion;

A. The Plaintiff’s assertion has subrogatedly acquired the claim for the compensation insurance against the Defendant of the victim based on Article 87 of the Industrial Accident Compensation Insurance Act, and thus, the Plaintiff sought full payment of the above insurance benefits paid by the Plaintiff to the victim within the scope of the victim’s claim for compensation insurance.

B. The Defendant’s assertion relating to the first disability benefits is related to the instant Nonparty’s assertion.

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