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(영문) 서울중앙지방법원 2018.08.14 2017가단5140476
구상금
Text

1. The Defendants jointly share KRW 4,630,872 with the Plaintiff, and 5% per annum from May 26, 2017 to August 14, 2018.

Reasons

1. Facts of recognition;

A. At around 03:50 on July 28, 2014, C (hereinafter referred to as “the network”) driven a three-lane of the three-lane of the 13.9km in the direction of the Gangseo-dong Highway (hereinafter “victim”) located in the Dong-dong, Seosan-si, Seog-si, a member of the Gu, at the same time, and driven a D 2 truck (hereinafter “victim”) with the front of the damaged vehicle. Around the same direction, C (hereinafter referred to as “V”), while driving a three-lane of the three-lane of the eti cargo vehicle located in the front of the same lane in the same direction.

(hereinafter “instant primary accident”). B.

After the instant first accident, at around 03:52 on the same day, Defendant A driven a F dump cargo vehicle (hereinafter referred to as “Defendant A”) with the same direction as that of the Deceased’s damaged vehicle, while keeping the safety distance while driving a three-lane of the same place, and neglected his duty of care to safely check the front side and drive the vehicle on the three-lanes after the first accident.

(hereinafter “instant secondary accident”. The Deceased died on the same day due to the instant accident, including the instant primary accident and the secondary accident.

C. Meanwhile, the Plaintiff, a corporation operating an industrial accident compensation insurance business entrusted by the Minister of Employment and Labor pursuant to the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Insurance Act”), recognized the instant accident as an occupational accident, and paid KRW 122,94,840 to the wife G, the bereaved family members of the deceased, during the period from July 28, 2014 to May 25, 2017.

Defendant Matts Fire Insurance Co., Ltd. is the insurer of Defendant vehicle, Defendant B is the owner of Defendant vehicle.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including branch numbers; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s primary accident occurred.

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