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(영문) 서울중앙지방법원 2014.06.12 2012가단44493
구상금
Text

1. As to the Intervenor succeeding to the Plaintiff:

A. The Defendants each share KRW 17,600,000 on August 27, 2011 to March 7, 2012.

Reasons

1. Facts of recognition;

A. On June 20, 2008, the Plaintiff, on June 20, 2008, is liable to guarantee workers’ disaster insurance, and the Plaintiff is liable to develop the ELD Industry Development Corporation (hereinafter “ELD Industry Development”).

B) From June 20, 2006 to November 30, 2008, the insurance period of the insured ELD Industry Development Insurance Co., Ltd. with the content that the insured shall pay the insurance proceeds by bearing legal liability for damages exceeding the amount of accident compensation paid pursuant to the Industrial Accident Compensation Insurance Act, among the damages that may be incurred by the insured workers due to occupational accidents, from June 20, 2006 to November 30, 2008, by bearing legal liability for damages exceeding the amount of accident compensation paid pursuant to the Industrial Accident Compensation Insurance Act.

2) Of the terms and conditions of the instant renewal insurance contract, the major parts on the insurable interest and the allocation of insurance proceeds are as follows.

Article 5 (Compensation for Loss) (1) The loss to be borne by the insured due to an occupational accident that occurs to the insured worker shall be covered by the terms and conditions of this Agreement and the special terms and conditions.

Article 1(1) of the General Terms and Conditions as a Security for employer's liability (1) The damages under Article 5 of the General Terms and Conditions as a Company refers to the damages suffered by the insured from legal liability for damages in excess of the amount of compensation under the Special Terms and Conditions as a Security and the Acts

Article 19 (Apportionment of Insurance Money) (1) In cases where there are other contracts (including contracts subscribed to various mutual-aid associations) guaranteeing the same risk as the risk guaranteed under this contract, if the total sum of insurance contracts calculated by deeming that there is no other contract for each contract exceeds the amount of accident compensation under Article 5 (Compensation for Loss), the Company shall calculate the insurance money to be paid as follows:

The amount of accident compensation referred to in Article 5 】 Insurance proceeds/other contracts under this contract shall be deemed nonexistent.

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