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(영문) 대전지방법원 2019.07.24 2018가단203859
구상금
Text

1. The Defendant paid KRW 38,59,459 to the Plaintiff KRW 5% per annum from March 24, 2016 to July 24, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that performs industrial accident compensation insurance business entrusted by the Minister of Employment and Labor pursuant to the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”), and the Defendant is an insurer that has concluded a comprehensive automobile insurance contract with C(D) with respect to for forkivers (hereinafter “the instant forkivers”).

B. E, a worker of D (hereinafter referred to as “victim”), was injured by the injury, such as the exposure 12, due to the fall of the joint board loaded on the instant forkive vehicle of this case, which was driven by the deceased of the name under the same affiliated agency during the counter installation work at the site of the construction of D materials storage in the Chungcheongnam-gun F, Chungcheongnam-do around March 22, 2015, while the joint board loaded on the instant forkive vehicle of this case, at around 10:30 on March 22, 2015.

(hereinafter referred to as “instant accident”). C.

The victims were entitled to claim compensation for industrial accident by making D as the insured, and the Plaintiff recognized the instant accident as an occupational accident under Article 5 of the Industrial Accident Insurance Act, and paid 25,974,130 won of temporary disability compensation benefits, medical care benefits9,126,040 won, and disability benefits 47,778,500 won to the victims until March 23, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including additional numbers), and the fact-finding results on the branch offices of the Korea Labor Welfare Corporation of this court, the purport of the whole pleadings

2. Occurrence and scope of liability for damages;

A. According to the above facts, the accident of this case occurred due to negligence in violation of the duty of safety of the person who driven the vehicle of this case. Thus, the victim is the insurer of the defendant's vehicle, and the Guarantee of Automobile Accident Compensation Act (hereinafter "Act on Automobile Accident Compensation").

(2) In accordance with Article 10(1) of this Act and the main text of Article 724(2) of the Commercial Act, the subject of the limitation of liability may directly claim compensation for damages. However, as the subject of the limitation of liability is loaded on a joint board, and the loaded goods may fall, the subject of the limitation shall have been negligent, even though the subject of the limitation should have tried to ensure the safety of himself/herself by taking into

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