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(영문) 부산지방법원 2020.11.13 2020나49676
구상금
Text

Of the judgment of the first instance, the part against the Defendants exceeding the amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a special juristic person established for the purpose of contributing to the protection of workers by compensating workers for occupational accidents rapidly and fairly after being entrusted with the industrial accident compensation insurance business by the Minister of Employment and Labor under the Industrial Accident Compensation Insurance Act, and by establishing and operating insurance facilities necessary therefor, and by carrying out projects for preventing accidents and for promoting workers’ welfare, and is a person who has paid insurance benefits under the Industrial Accident Compensation Insurance Act to C (hereinafter “victim”).

B. Defendant A is the owner of D D D D dump trucks (hereinafter “Defendant vehicle”), and Defendant B Co., Ltd. (hereinafter “Defendant Company”) is the insurer who entered into a comprehensive automobile insurance contract with the Defendant vehicle.

C. Around 09:40 on May 30, 2016, the victim was at the construction site of a golf course in Gyeongnam-gun, Gyeongnam-gun, and was engaged in the work of booming booms on the part of the defendant vehicle to reduce the booms on the part of the defendant vehicle, and the defendant vehicle boomed in the future in the future and was faced with an accident that leads to a loss on the left-hand side between Maman and Rop (hereinafter “instant accident”).

The victim suffered the injury of cutting down the upper left-hand hand of the instant accident. D.

Considering the instant accident as an occupational accident, the Plaintiff paid 50,70,707,580 won in total, including 17,983,840 won for temporary disability compensation benefits, 11,467,890 won for medical care benefits (i.e., medical expenses of KRW 10,700,370 for Class 2 medical care expenses of KRW 767,520 for class 767,520 for class 21,25,850

[Ground of recognition] Facts without dispute, Gap's 1 to 6, and Gap's 8 (if there are provisional numbers, including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Occurrence of and limitation on liability for damages;

A. In light of the fact of the occurrence of the liability for damages and the circumstances surrounding the occurrence of the instant accident, etc., the driver of the Defendant vehicle is the driver of the vehicle, as the person engaged in the work on the part of the Defendant vehicle.

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