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(영문) 대전지방법원 2016.06.30 2015나109377
구상금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 7,227,680 on November 29, 2012.

Reasons

Basic Facts

The Defendant is an insurer who has entered into a motor vehicle liability insurance contract (hereinafter “instant liability insurance contract”) with respect to a motor vehicle A (hereinafter “instant motor vehicle”) as the insured.

Large Pung Construction Co., Ltd is the plaintiff's insured, and B is the worker of large Pung Construction Co., Ltd.

B On August 13, 2011, around 12:24, 201, in the Hongsung-gun, Hongsung-gun, Hongsung-gun, the instant vehicle was involved in an accident that the instant vehicle passed through the speed prevention threshold and fell into the road due to its shock (hereinafter “instant accident”), while carrying out the construction of expanded repair of water supply facilities in the Hong-gun, Hongsung-gun, Hongsung-gun, for the purpose of an ex-culcing awareness of occupancy. As a result, the instant accident was caused by the injury, such as the thalle

The Plaintiff recognized the instant accident as an occupational accident and paid 18,069,200 won in lump sum disability benefits to B on November 28, 2012.

The maximum amount of the Defendant’s liability insurance payment for the Defendant B under the instant liability insurance contract is KRW 2,400,000 (class 8 of injury) and the maximum amount of the disability insurance payment is KRW 22,50,000 (class 9 of disability grade).

On May 22, 2013, the Defendant paid 11,438,580 won to B for disability insurance proceeds (contributed amount), and paid 10,841,520 won to the Plaintiff on May 31, 2013 as disability insurance proceeds (contributed amount).

[Reasons for Recognition] In light of the above-mentioned facts, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3, Eul evidence Nos. 5 and Eul evidence Nos. 5 (including each number in case of additional evidence), and the ground for claim as a whole, the plaintiff shall be deemed to have acquired a direct claim of insurance money equivalent to the same amount against the defendant under Article 87 (1) of the Industrial Accident Compensation Insurance Act by subrogation of the plaintiff's payment of disability benefits to Eul. Thus, the defendant shall be 10,841,520 won which the plaintiff paid disability benefits to Eul.

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