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(영문) 서울남부지방법원 2016.07.14 2015가단244948
구상금
Text

1. The Defendant’s KRW 23,137,382 as well as the Plaintiff’s annual rate of KRW 5% from June 25, 2015 to December 4, 2015.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff is 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 Compensation Insurance Act”).

(2) The Defendant is an insurance company that has concluded a mutual aid agreement to compensate for losses incurred in the operation of cargo vehicles.

B. (1) On February 1, 201, A, as a cargo driver of a freight vehicle belonging to the Oil Distribution Co., Ltd., a freight truck (D) was illegally parked on three-lanes in front of the C stations located in Ansan-si B at Ansan-si around February 1, 2011.

(2) E (hereinafter referred to as “victim”) was an operator of light passenger, who is a driver of light passenger, and was operating F seat bus at the above point of view, and did not find any freight truck which was illegally parked, as described in subparagraph (1), and shocked its back part.

(hereinafter referred to as "the instant accident". (3) The victim suffered injuries, such as dump blood transfusion, livering damage, fump damage not to the right side of the instant accident, fump in the upper and upper heat, balke, salke, and salkes of both sides and salkes, open space in the field of salkes, open space in the field of salkes and floors, open space in the field of snow salkes and snow salkes in the left side and salkes of snow salkes and salkes without

C. The Plaintiff paid industrial accident compensation insurance benefits to the victims of the instant accident recognized the instant accident as occupational accidents prescribed by the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”), and determined the disability grade as Class 10, but subsequently determined the final disability grade as Class 8 due to the aggravation of the injury or disease of the victims, and paid a total of KRW 150,031,420 (the amount of the final disability grade as Class 52,243, 160, health care benefit 45,263,260, health care benefit 45,263,260, disability benefit 52,525,000).

[Ground for Recognition: Facts without dispute, Gap evidence 3, Gap evidence 4, Gap evidence 5, Gap evidence 9, the purport of the whole pleadings]

2. According to the facts acknowledged prior to the occurrence of liability for damages and the limitation of liability, the illegal parking of the above cargo truck is in this case.

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