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(영문) 부산지방법원 2017.08.17 2016가단354646
구상금
Text

1. The Defendant’s KRW 63,495,324 as well as the Plaintiff’s KRW 5% per annum from October 20, 2016 to August 17, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a special corporation that performs industrial accident compensation insurance business entrusted by the Minister of Employment and Labor under the Industrial Accident Compensation Insurance Act (hereinafter “Industrial Accident Compensation Insurance Act”).

A Child Care Center is an industrial accident compensation insurance policyholder under the Industrial Accident Compensation Insurance Act, and B (hereinafter referred to as "victim") was employed as an employee at A Child Care Center on January 1, 2013 and was engaged in the operation of school buses.

B. The New World Tourism Co., Ltd. (hereinafter “SPS”) is the owner of C25 passenger buses (hereinafter “SP”) and entered into a lease agreement with A childcare center on the LP, including that D’s driver employed by the non-party company is driving the LV between A and A childcare center, and the Defendant is the mutual aid business operator of the LPP.

C. At around 16:30 on February 17, 2014, D: (a) parked a sea-going vehicle without properly Handbrokeing the Handbro on the floor of the A Child Care Center located in Yangsan-si E; (b) thereby, D had the victim who was pushed down about five meters depending on the rash and the lower part of the vehicle.

(hereinafter “instant accident”). The victim suffered injuries, such as cutting on the left-hand knee upper part, cutting on the right-hand knee, gale to the right-hand gale, gale to the gale, etc. due to the instant accident.

From February 17, 2014 to September 30, 2016, the Plaintiff recognized the instant accident as an occupational accident, and paid 129,368,878 won, respectively, including 23,781,170 won for temporary layoff benefits, 40,102,858 won for disability benefits (amount converted in lump sum), and 65,484,850 won for medical care benefits, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, Eul evidence No. 1 and video (including branch numbers, if any; hereinafter the same shall apply), the purport of whole pleadings

2. Determination on the occurrence and scope of liability for damages

A. According to the fact that the occurrence of liability for damages is recognized, D, the driver of a sea-going vehicle, is driving a motor vehicle.

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