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(영문) 서울중앙지방법원 2015.11.13 2015나30663
구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The Plaintiff as a party is a corporation established pursuant to the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”), which is engaged in industrial accident compensation business from the Minister of Labor. The Defendant global tour guide company (hereinafter “Defendant tour guide”) is the owner of B buses (hereinafter “accidents”). Defendant A is an employee of the Defendant tourr, the driver of the instant accident vehicle, the Defendant National Federation of Bus Transport Business Associations (hereinafter “Defendant Federation”) is the insurer who entered into an automobile mutual aid contract with respect to the instant accident vehicle and the instant accident vehicle.

B. In the event of the accident, the Defendant tourer: (a) placed the instant accident vehicle and the Defendant A, a driver belonging thereto, for commuting to and from the workplace in accordance with the transportation service consignment agreement with the Aeronautical Motor Vehicle Co., Ltd. (hereinafter referred to as the “Abandoned Motor”); (b) around August 12, 201, Defendant A was trying to avoid the instant accident vehicle facing the central line while driving the instant vehicle on the road near the ethic City C, while driving the instant vehicle on August 19:45, 201, while the instant accident was faced with the concrete chemical, and the vehicle D (hereinafter referred to as the “victim”) was an employee of the Abandoned Motor Vehicle D (hereinafter referred to as the “Weder”) who was on board the instant vehicle on board the instant vehicle due to the instant accident, suffered injuries, such as fluoral fluoral coordinate, the ethal coordinate and the left side of the vehicle.

(hereinafter referred to as the “instant accident”). C.

The Plaintiff recognized the instant accident as an occupational accident and paid 4,410,000 won of temporary layoff benefits until October 7, 201 pursuant to the Industrial Accident Insurance Act. D.

The terms and conditions of automobile mutual aid and the contents of the Industrial Accident Insurance Act of the defendant federation related to the instant case are as follows:

Article 9 of the Terms and Conditions of Automobile Mutual Aid (Liability)

2. (1) A motor vehicle for a mutual aid contract with the consent of the non-member (3) specified in the mutual aid certificate.

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