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(영문) 광주지방법원 2016.11.02 2016가단505405
구상금
Text

1. The Plaintiff:

A. Defendant East Fire & Marine Insurance Co., Ltd.: 38,726,873 won and the said money on April 26, 2014

Reasons

1. Basic facts

A. B (hereinafter referred to as the “victim”) around 08:05 on April 3, 2013, around 08:05, in order to work as a limited partnership company and alcoholic beverage office (hereinafter referred to as the “damage”) at his/her own workplace, one-lane between the riverside and the brupting plane with the brupting plane.

In order to clean roads on the roads in front of the Samnam-gun, Jeonnam-gun, a person suffering from a collision with D Truck (hereinafter referred to as the "Gamp")'s back loaded part of D Truck (hereinafter referred to as the "Gamp") which was stopped on a one-lane basis in front of the damage vehicle.

(hereinafter, this case’s accident). (b)

In the above accident, the victim suffered from the injury of the "mathical damage, the right slive beer fever, the right slive beer and non-alleyr sliver sliver sliver sliver sliver, the right sliver sliver sliver sliver sliver s

C. The Plaintiff recognized the foregoing accident as an occupational accident, and paid 18,176,610 won for temporary layoff benefits, 74,471,848 won for disability benefits, and 23,000,90 won for health care benefit.

The defendant A is the owner of the Ghana, and the defendant Dong Fire & Marine Insurance Co., Ltd. is the insurer who has entered into the comprehensive automobile insurance contract with respect to the Ghana.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 7, 8, 9, Eul evidence Nos. 1 and 2 (including provisional number), the purport of the whole pleadings

2. The defendant's liability for damages

A. Whether the liability for damages occurred or not, Defendant A is the owner of the AJ, and the Defendant Company, as the insurer of the BJ, is liable for the damages suffered by the victim due to the accident in this case.

B. The instant accident subject to limitation of liability occurred due to the fault of the victim, but there was negligence by failing to indicate the identity of the victim, such as light light or warning or warning on the road while stopping on the road. Therefore, it is reasonable to assess the Defendant’s fault as 10% in calculating the amount of damages.

C. Scope of the amount of damages [based on recognition] without dispute, evidence as seen earlier, evidence A 2 to 6, evidence A 10, and this Court.

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