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(영문) 서울중앙지방법원 2018.02.06 2016가단5177464
구상금
Text

1. The Defendant’s KRW 5,506,718 as well as 5% per annum from April 30, 2014 to August 28, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”) for the purpose of protecting workers.

B. The Defendant is an insurer who entered into an automobile insurance contract with B, the owner of a vehicle A (hereinafter “Defendant vehicle”) and the owner of the vehicle B.

C. At around 21:40 on August 26, 2013, Dongpo-si, Kimpo-si, Gopo-si, Kimpo-si, Kimpo-si, an accident that is shocked to the Defendant’s vehicle proceeding 81 km (hereinafter “instant accident”) due to erroneous driving of the vehicle at the Kimpo-si station located at a point 76.18 km in the direction of the trends in the transmission of the Hapo-si, Seoul, an Eupn-si, Kimpo-si, Kimpo-si, in order to collect the traffic fee, the vehicle stopped on the Hapo-si section, and cut the vehicle to the collection counter, and the vehicle was cut off on the way that the employee receiving the charge would have deducted the vehicle out of the Hapo-si.

In the instant accident, the Deceased suffered injury (i.e., “foreign cerebral cerebral cerebral typosis, external typosis, external typopical typosis, external ropical typosis, the left-hand stalposis, 5 secondary dropical dypium, and dypical dypium,” and died on January 24, 2014.

E. The Defendant Vehicle B, a driver of the vehicle, was indicted on the facts charged that “In spite of his occupational intent to observe the speed limit as a person engaging in driving of the vehicle, and to prevent the accident by driving the vehicle in advance, he neglected to do so, thereby causing the death of the deceased,” and was sentenced to a suspended sentence of two years in August of the National Treasury.

F. The Plaintiff recognized the instant accident as an occupational accident, and recognized the Deceased as a medical care benefit of KRW 916,940, and temporary layoff benefits of KRW 5,813,040.

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