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(영문) 부산지방법원 2014.11.26 2014나41985
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The court's explanation concerning this case is consistent with the reasoning of the judgment of the court of first instance, except in the following cases: (a) Nos. 5, 11, 6, and 14 of the judgment of the court of first instance; and (b) as such, this case is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

B. The summary of the Defendant’s defense against the Defendant falls under the acceptance partner as stipulated in the automobile mutual aid agreement. Since C et al. constitutes an employee of modern automobiles who is the acceptance partner and can receive accident compensation under the Industrial Accident Compensation Insurance Act, the Defendant is exempted from the matters not compensated by the “Mutual Aid Association” among the automobile mutual aid agreement.

1. General exemption items (2) General indemnification clause 8(e) (an employee of an association member liable for compensation who can receive accident compensation under the Industrial Accident Compensation Insurance Act) is not subject to liability II.

2. The term "no compensation shall be made if an employee of the insured who is liable for compensation pursuant to the Labor Standards Act is dead or injured due to an accident" under the General Terms and Conditions of Automobile General Insurance, which provides for the insurer's exemption on the basis of personal relations and compensation relations between the insured and the victim who is liable for compensation. Therefore, in determining the application of the above exemption clause in case where multiple insured workers are liable for compensation due to a single accident, unless there are special circumstances, the insurer shall decide whether to grant the insurer's exemption on the basis of the existence of personal relations, which is the requirement for application by each insured person, even if there is no separate provision of the relevant standardized contract, unless there are special circumstances. Only in the form of the standardized contract, one of the multiple insured persons falls under the exemption clause, and thus the insurer shall be liable for compensation for all the insured persons.

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