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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The plaintiff A is the owner and driver of Cless Track type accelerator.
Plaintiff
B A Co., Ltd. (hereinafter referred to as “Plaintiff Co., Ltd.”) is the business liability insurer of the above digging machine.
B. At around 13:30 on January 12, 2017, Plaintiff A, while driving the above excavation machine at the construction site of the Do Public Notice Center in Kimhae-si, he caused an accident that the victim E, who had been engaged in the above excavation lux, was in the front side of the above excavation lux, kid on the top of the above excavation lacing machine (hereinafter “instant accident”). The victim suffered an injury in the right-hand lacing lacing section, the right-hand lacing section, the right-hand lacing section, the right-hand lacing section, the right-hand lacing section, and the sufficient pressure trac.
C. From January 12, 2017 to April 19, 2018, the victim received 99 days’ hospital treatment and 364 days’ hospital treatment. The Defendant recognized the instant accident as an occupational accident, and paid the victim KRW 57,449,230, respectively, in total, KRW 26,40 of temporary layoff benefits, KRW 208,290 of disability benefits, KRW 12,761,910 of disability lump sum, and KRW 18,279,030 of disability benefits.
The defendant brought a lawsuit against the plaintiffs in this case against "the victim caused medical expenses of KRW 14,623,224 during the period of suspension and 6,238,708 during the period of suspension, and each actual income loss of KRW 2,733,669 after the period of suspension and 2,70 after the period of suspension (the amount of damages claimed after offsetting the defendant's own fault by the victim (including the business owner) as 20%). Since the defendant paid various benefits exceeding the above amount to the victim, the defendant brought a lawsuit against the plaintiffs in Busan District Court No. 2019Da573596, Oct. 22, 2019 against the plaintiffs, the above court brought a lawsuit against the plaintiffs in Busan District Court No. 2019Da573596, Jul. 3, 2018 (the next day of the insurance benefits in this case).