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(영문) 서울중앙지방법원 2020.01.09 2017가단5056977
구상금
Text

1. The Defendants jointly share KRW 38,176,257 with respect to the Plaintiff and the period from February 17, 2016 to January 9, 2020.

Reasons

1. Basic facts

A. The Plaintiff is a special corporation established under the Industrial Accident Compensation Insurance Act and entrusted by the Minister of Employment and Labor with the industrial accident compensation insurance business. The Defendant A Co., Ltd. (hereinafter “Defendant A”) is an insurer who entered into a comprehensive automobile insurance contract with respect to the CM5 vehicle capacity (hereinafter “one vehicle”). The Defendant B Co., Ltd. (hereinafter “Defendant B”) is an insurer who entered into an automobile comprehensive insurance contract with respect to the D salary class and one ton of freight (hereinafter “two vehicles”).

B. At around 15:00 on May 22, 2014, E, a driver of one vehicle, was driven in the front line along the two lanes in the direction of Seoul at the location of the 376.4km (on the upper line) location of Pyeongtaek-si in Gyeonggi-do, while driving along the two lanes in the direction of Seoul.

② The F, which is a driver of a two-lane, was driven along a two-lane and stopped on one-lane after he was stopped due to the accident.

③ H, an employee of G farming association (hereinafter referred to as “victim”), was driving one ton cargo vehicle for the delivery of goods, and was driving one vehicle for the delivery of goods. ② After the occurrence of the foregoing accident, H, an employee of G farming association (hereinafter referred to as “victim”), was able to drive one ton cargo vehicle.

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

On February 17, 2016, the Plaintiff paid KRW 24,630,520, temporary disability compensation benefits, KRW 19,589,380, disability benefits, KRW 42,547,250, total amount of KRW 86,767,150, to H, who is a disaster worker (hereinafter “victim”) under the Industrial Accident Compensation Insurance Act, due to the instant accident.

[Ground of Recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including each number), entry of Gap evidence 4 and 5, the purport of the whole pleadings

2. Determination as to the plaintiffs' claims

(a) Safety measures shall be taken on an expressway due to accidents, etc. committed by one preceding vehicle to constitute a joint tort.

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