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(영문) 서울남부지방법원 2015.02.09 2014가단208075
구상금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of each entry in Gap evidence 1 to 8, Eul evidence 3 (including paper numbers), and the entire purport of the pleadings:

On April 22, 2011, A, an employee of the stong film company that manufactures and sells powders, who is a person in charge of the transportation of powders, was accompanied by C-motor vehicles owned by the said company’s employees B (hereinafter “instant motor vehicles”) in order to deliver powders around 04:00 and moved to the local highway No. 418 (hereinafter “instant motor vehicles”) pursuant to the same company’s 418. In the course of moving to the local highway, A, who was a staff member of the said company, was under the direct control of the said motor vehicle on the road near the vibration No. 1 of the vibration sturgic grithic s to the river, and was under the direct control of the said motor vehicle without bypassing the road, and was under the direction of the road.

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

Based on the Industrial Accident Compensation Insurance Act, the Plaintiff reported the instant accident as an occupational accident, and paid A medical care benefits of KRW 7,095,280, temporary layoff benefits of KRW 13,245,190, disability benefits of KRW 18,09,130, total amount of KRW 38,439,600.

C. The Defendant is an insurance company that entered into a comprehensive automobile insurance contract with macrochology Co., Ltd. with respect to the instant automobile.

2. The assertion and judgment

A. According to the Plaintiff’s assertion, the victim A incurred damages of KRW 7,095,280, daily income of KRW 27,443,759, total amount of KRW 34,539,039, and KRW 34,539,039, due to the instant accident, and thus, pursuant to Article 3 of the Guarantee of Automobile Accident Compensation Act, he/she may claim compensation for the said damages against the macromotionat Institute Co., Ltd., Ltd., which is the operator of the instant automobile, and pursuant to Article 10(1) of the same Act, even the Defendant who entered into the insurance contract for the said automobile, has already received KRW 70,000,000, which is the insurance money to be paid directly by the Defendant. Accordingly, the Defendant was ultimately paid KRW 15,90,000.

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