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(영문) 서울중앙지방법원 2016.01.19 2015가단5288596
구상금
Text

1. Defendant A’s KRW 62,512,90 for the Plaintiff and KRW 5% per annum from November 21, 2012 to August 28, 2015.

Reasons

1. Basic facts

A. The Plaintiff, as the parties, is a special corporation that performs industrial accident compensation insurance business entrusted by the Minister of Employment and Labor under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”). The Plaintiff is a subscriber of industrial accident compensation insurance under the Industrial Accident Compensation Insurance Act, and B (hereinafter “victim”) is a company with a lot of law.

Defendant A is the driver of the vehicle C (hereinafter referred to as the “instant vehicle”), and the Defendant Hyundai Baman Damage Insurance Co., Ltd. (hereinafter referred to as the “Defendant Hyundai Ba”) is the insurer of the said vehicle.

On May 27, 2015, Defendant Hyundai Ba transferred its insurance contract to Defendant’s succeeding Intervenor pursuant to Article 164(1) of the Insurance Business Act and succeeded to the rights and obligations of Defendant Hyundai Ba’s insurance contract, and the Intervenor succeeded to the instant case.

B. Around 03:38 on August 23, 2012, Defendant A was under the influence of alcohol of 0.138%, and the Defendant driven the instant diver vehicle with a blood alcohol content of 0.138%, and caused the instant accident that occurred on the road near the three entrances in Seodaemun-gu Seoul Metropolitan Government, at a speed of about 91km in speed at about 60km per hour, depending on one lane between the three-lanes in the direction of red yellow dust distance, the speed of 60km in the direction of red dust. The Defendant A proceeded at a speed of about 91km in the direction of red dust distance, while driving the diver driving the vehicle at the right direction of the course and driving the vehicle at the front direction of Defendant A, and without discovering the diver driving the above diver part of the diver part of the above diver part of the upper part of the diver vehicle and caused the death from the upper part and upper part of the body.

C. The Plaintiff’s payment of industrial accident compensation insurance benefits recognizes the instant accident as an occupational accident and recognized it to the bereaved family members of the victim on November 20, 2012.

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