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(영문) 대구지방법원 2017.04.28 2016가단106459
구상금
Text

1. The Defendant’s KRW 68,370,192 as well as the Plaintiff’s annual rate from May 30, 2015 to April 6, 2016, and the next day.

Reasons

1. Basic facts

A. The Plaintiff is a special corporation established pursuant to the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Industrial Accident Compensation Insurance Act"), which is entrusted by the Minister of Employment and Labor to conduct industrial accident compensation insurance business, and is an insurer who has entered into an industrial accident compensation insurance contract with the non-party company B (hereinafter referred to as the "non-party company"). The Defendant is an insurer who entered into an automobile comprehensive insurance contract with the non-party company and the non-party company C

B. On March 28, 2013, at around 05:00, D, a street cleaners belonging to the non-party company, was performing the work of collecting household wastes on the front side of the instant accident vehicle on the road in front of the instant accident vehicle in the border of the city of Busan, the driver F, who was trying to move the instant accident to the front of the instant accident vehicle, was faced with the wind following the instant accident (hereinafter referred to as the “accident”), without having to grasp the situation where the driver F, who was trying to move the instant accident to the front of the instant accident vehicle, was faced with a bridge.

C. The victim suffered injury from the accident of this case, “a bruption of the body frame (openness), the right slot, damage to the right slock, and damage to the slock,” and the Plaintiff paid 235,354,652 won in total of medical care benefits due to occupational accidents, 46,080 won, temporary disability compensation benefits 46,694,490 won, disability benefits 68,294,082 won, etc., based on the Industrial Accident Compensation Act.

[Reasons for Recognition] Unsatisfy and entry of Gap evidence 1 through Gap evidence 10 (including provisional number, hereinafter the same shall apply)

2. The Plaintiff asserted ① as to the victim’s occupational accident, as seen in the basic facts, paid medical care benefits, etc. as stipulated in the Industrial Accident Compensation Act, and thus the victim subrogatedly acquired the damage liability that the Defendant, the insurer of the instant vehicle, pursuant to Article 87 of the Industrial Accident Compensation Act.

② Accordingly, the Plaintiff’s medical care benefits amounting to KRW 120,366,080.

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