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1. The first instance judgment, including the conjunctive claim added by this Court, shall be amended as follows:
The plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an insurer who has entered into an automobile insurance contract (hereinafter “instant insurance”) with B cargo vehicles (hereinafter “instant vehicle”). The Defendant is a corporation that operates the industrial accident compensation insurance business (hereinafter “industrial accident insurance”) by being entrusted by the Minister of Employment and Labor pursuant to the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”).
B. Meanwhile, the insurance of this case includes “self-physical accident security” (hereinafter “the instant self-physical accident insurance”) with the purport of compensating for damages incurred in the event of injury caused by the operation of the instant vehicle while the insured, under the instant insurance, owns, uses, and manages the instant vehicle.
C. At around 23:30 on July 27, 2016, D, an employee belonging to the workplace of the trade name “C”, driven the instant vehicle in relation to the business of the said workplace, and driven at a point 2 km away from the lower wheels of the instant vehicle, which led to the instant accident (hereinafter “instant accident”), which led to the destruction of the back wheels of the instant vehicle, and led to the occurrence of the instant accident, such as the escape of the left and the balance of the 3 and 4 pages and the heat of the side side of the instant vehicle.
D received surgery and rehabilitation treatment for the injury caused by the instant accident in E Hospital, etc., and the Plaintiff paid insurance money of KRW 8,754,580 (hereinafter “instant insurance money”) to E Hospital, etc. according to the instant self-physical accident insurance.
E. D filed an application for medical care benefits with respect to the instant accident, and on September 20, 2016, the Defendant rendered a decision to approve medical care benefits (hereinafter “instant approval decision”) by recognizing the instant accident as an occupational accident to which industrial accident insurance applies (hereinafter “instant accident”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 5, and Eul.