1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. Status 1) The Plaintiff is the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”).

(B) is a special corporation which is entrusted by the Minister of Employment and Labor with the industrial accident compensation insurance business, and is called “victim” (hereinafter referred to as “victim

(C) The Plaintiff is an employee of C Hospital and Done Star Motor Vehicle (hereinafter referred to as “Plaintiff Motor Vehicle”) who is an industrial accident compensation insurance policyholder under the Industrial Accident Insurance Act.

2) E is the driver of F Truck (hereinafter referred to as “Defendant Vehicle”) and the Defendant is the insurer which entered into an automobile insurance contract with respect to the Defendant Vehicle.

B. (1) On July 13, 2016, around 10:40 on July 13, 2016, the part protruding back of the Defendant’s vehicle, which was going behind the Plaintiff’s vehicle while opening the door of the Plaintiff vehicle in order to board the vehicle and the part protruding back of the Plaintiff’s vehicle in order to board the vehicle (hereinafter “instant accident”) and the part where the Defendant’s back part of the vehicle, which was going behind the Plaintiff’s vehicle and the open door of the Plaintiff’s vehicle, are

(2) The victim suffered injury, such as the opening frame of the upper left-hand body of the instant accident, the external wounds of the upper left-hand body, etc.

C. The Plaintiff recognized the instant accident as an occupational accident and paid KRW 85,090,690,000 to the victim, including KRW 45,940,90 for temporary layoff benefits, KRW 29,673,250 for medical care benefits, KRW 9,276,960 for lump-sum disability compensation, and KRW 9,276,960 for lump-sum disability compensation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including paper numbers; hereinafter the same shall apply), Eul evidence No. 1 and the purport of the whole pleadings

2. Occurrence and scope of liability for damages;

A. According to each of the evidence before the occurrence of liability for damages and the limitation of liability, the instant accident is a movement of a pedestrian victim, even though the Defendant’s driver passed by the Plaintiff’s vehicle and the victim clearly appeared to enter the space between the Plaintiff’s vehicle and the Defendant’s vehicle.