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(영문) 대구지방법원 2017.11.15 2017나309201
구상금
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is a special corporation established under the Industrial Accident Compensation Insurance Act for the purpose of workers’ accident compensation, accident prevention, and promotion of workers’ welfare.

Defendant A is the owner and operator of the NF Launta Vehicle B (hereinafter “instant Maritime Vehicle”), and Defendant Matz Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Company”) is an insurance company that entered into an insurance contract with Defendant A with respect to a vehicle.

B. At around 08:30 on July 23, 2015, Defendant A did not see C (hereinafter “victim”) who was engaged in dismantling c (hereinafter “the head of the victim”) due to negligence on the part of Defendant A, while on the back side, who neglected to perform the duty of the front-down city on the right side from the breadth of inland road to the right side, while having been making a right-hand phase from the right-hand side, and caused an accident that shocks the head of the victim with the front wheels of the vehicle in the instant case (hereinafter “the instant accident”). As a result, the victim was injured by the right-hand frame, e.g., g., e., g., g., g., the head of the victim’s head (hereinafter “the instant accident”).

C. Meanwhile, at the time of the instant accident, the victim was in service as an employee of macrostop Co., Ltd., and the Plaintiff paid 36,163,070 won as industrial accident compensation insurance benefits pursuant to the Industrial Accident Compensation Insurance Act from July 23, 2015 to February 24, 2016, which was the date of the instant accident (i.e., medical care benefits of KRW 12,522,02,020,550 as disability lump sum disability benefits of KRW 10,840,50,550) to the victim under the Industrial Accident Compensation Insurance Act.

[Ground of recognition] Facts without dispute, Gap 1 through 8 evidence, Eul 1 through 4 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged prior to the determination as to the cause of the claim, Defendant A is an insurer who has agreed to compensate for the damages incurred by the operation of the instant sea vehicle pursuant to Article 750 of the Civil Act, and the Defendant Company is Articles 3 and 10 of the Guarantee of Automobile Accident Compensation Act.

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