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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Basic facts
A. Status 1 of the parties concerned is the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”).
(2) Defendant A, as a driver of the instant trucking vehicle C (hereinafter “instant truck”), was injured by B, and Defendant Eastern Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Eastern Fire”) concluded an insurance contract with respect to liability for damages arising from the instant trucking accident.
B. (1) On February 2, 2013, Defendant A was involved in the instant accident involving B, who was being driven by the instant vehicle at the Jeju Livestock Cooperative Factory around 09:15, while he was being driven by the Defendant at the Jeju Livestock Cooperative, and was cleaning thereafter (hereinafter “the instant accident”). The instant accident is the “the instant accident”).
(2) Due to the instant accident, B suffered injury, such as pressure at the left-hand left-hand edges, etc.
C. The Plaintiff paid benefits under the Industrial Accident Compensation Insurance Act to B from the date of the instant accident to January 7, 2016, respectively, paid KRW 108,543,850 as temporary layoff benefits and KRW 77,122,350 as medical care benefits.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 and 5, purport of the whole pleadings
2. Liability for damages and occurrence of the right of indemnity;
A. According to the facts acknowledged in Paragraph 1, the accident of this case occurred due to the operation of the motor vehicle of this case, and the defendant A, as the driver of the motor vehicle of this case, is jointly liable to compensate the damage caused by the accident of this case to B as the insurer of the motor vehicle of this case.
In addition, pursuant to Article 87(1) of the Industrial Accident Compensation Act, the Plaintiff may subrogate the right to claim damages against the Defendants in B within the scope of the amount of benefits.
B. Limit of liability, however, the instant automobile is engaged in the work at the time of the instant accident.