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(영문) 대전고등법원 2015.10.14 2015나10026
구상금
Text

1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established under the Industrial Accident Compensation Insurance Act and entrusted with the industrial accident compensation insurance business by the Minister of Employment and Labor, and the Defendant is an insurer who entered into a contract for automobile liability insurance (personal compensation I; hereinafter “instant liability insurance”).

C and D are workers of F Management E, and H Co., Ltd. (hereinafter “H”) concluded a mid-term lease or temporary employment contract for the instant for the instant forkive vehicle with A as an original contractor of E.

B. At around 14:00 on October 19, 2010, C driven the instant vehicle in order to withdraw a drum (sn beam steel) from the Adong factory building without a license at the E business establishment located in G at the Sinjin-si located in G (hereinafter “instant accident”) and caused an accident that disregards D’s stop signal and embling D’s left side bridge while turning back the said local forum (hereinafter “instant accident”).

C. D was hospitalized from October 19, 2010 to October 3, 2012, due to the instant accident, and received hospital treatment.

(hereinafter “D”) D. D.

The Plaintiff recognized the instant accident as an occupational accident under the Industrial Accident Compensation Insurance Act, paid the victim temporary disability compensation benefits in KRW 52,586,380, medical care benefits in KRW 88,124,880, and paid disability benefits in KRW 88,124,880. As disability benefits, the Plaintiff paid disability compensation annuity every month to the victim, which falls under class 5 of the disability grade 4. When converting it into a lump-sum disability benefits, it is KRW 113

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1, 3 and 11 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The above recognition is based on one of the grounds for the liability for damages.

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