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(영문) 서울중앙지방법원 2017.04.21 2017나4279
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below is revoked, and above.

Reasons

Basic Facts

The plaintiff is a special corporation that performs industrial accident compensation insurance affairs entrusted by the Minister of Employment and Labor under the Industrial Accident Compensation Insurance Act (hereinafter referred to as the "Industrial Accident Compensation Insurance Act").

A is an industrial accident compensation insurance policyholder under the Industrial Accident Compensation Insurance Act, and the network B (hereinafter referred to as "victim") is a worker of A.

The defendant is the liability insurer of the C Truck Vehicle (hereinafter referred to as the "Defendant Vehicle").

On June 26, 2013, when the victim of a traffic accident was driving a tourist bus belonging to A, which was driven by a tourist bus of the company No. 02:39 on June 26, 2013, and proceeded with the slowly straightway from the open side to the right side of the road at the inner side of the intersection, he was killed due to the occurrence of the accident.

The defendant vehicle is also negligent in relation to the accident of this case, and the fact that the negligence ratio is 20% is no dispute between the parties.

The Plaintiff paid the Plaintiff’s industrial accident compensation insurance benefits to the victim’s spouse until January 8, 2014, considered the said accident as an occupational accident, and paid the amount of KRW 75,43,210,00 in total, the amount of bereaved family’s benefits as an insurance benefit to the victim’s spouse until January 8, 2014.

On July 17, 2013, the Defendant paid KRW 2,875,490 as insurance money to the victim’s hospital treatment expenses, and on January 22, 2014, the Defendant paid insurance money to the victim in total in 11,681,947 in consultation with the bereaved family members of the victim.

[Ground of recognition] In light of the fact that there is no dispute, Gap 1 through 4, Eul 1, Eul 2, 5, and 6's statements or videos (including paper numbers) and the fact that the defendant is liable for damages arising from the overall purport of the pleadings, the defendant is liable to compensate for damages suffered by the victim due to the accident of this case as the liability insurer of the defendant vehicle within the extent of insurance money.

. Liability for damages.

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