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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport:
Reasons
1. Basic facts
A. The Plaintiff is a juristic person entrusted with the industrial accident compensation insurance business by the Minister of Employment and Labor pursuant to the Industrial Accident Compensation Insurance Act. B is an employee of C Co., Ltd., a subscriber to industrial accident compensation insurance, D Oba (hereinafter “Plaintiff”).
2) The Defendant is a mutual aid business operator who entered into a motor vehicle mutual aid agreement with respect to the E-city bus (hereinafter “Defendant vehicle”).
B. On December 24, 2015, at around 14:56, the Defendant’s vehicle: (a) but neglected and straighted the signal while disregarding the signal at the first lane for bus-only among the bus-only one-lane crossings in Gangseo-gu Seoul Airport, Gangseo-gu, Seoul, the Plaintiff’s vehicle at B driving, which violated the signal at a two-lane, the right left left-hand turn, was shocked by the front driver of the Defendant vehicle (hereinafter “instant accident”).
2) As a result of the instant accident, B suffered from injury, such as “a flag blood transfusion with an open room in head,” etc., and received treatment.
C. The Plaintiff recognized the instant accident as an occupational accident and paid B KRW 14,726,530 in total as medical care benefits until January 18, 2018 under the Industrial Accident Compensation Insurance Act, 21,441,360 in total as temporary layoff benefits, and 8,502,340 in disability benefits (Grade 12-15 in disability grade).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1 and the purport of the whole pleadings
2. Determination:
A. According to the defendant's liability for damages and the plaintiff's claim for reimbursement against the defendant's insurer, the defendant is liable for damages caused by the accident in this case to B, and the plaintiff can subrogate B's claim for damages within the limit of the benefits paid to B under Article 87 (1) of the Industrial Accident Compensation Insurance Act.
B. The following circumstances, which can be acknowledged by integrating the purpose of the entire arguments on limitation of liability as a whole.