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(영문) 대법원 2014.11.27 2011다57401

손해배상(자)

Text

The judgment below

Among them, the part against Plaintiff B, C, and D and the part against Plaintiff A shall be reversed, and this part of the case shall be reversed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Plaintiffs B, C, and D

A. Prior to the amendment by Act No. 11143, Dec. 31, 2011, the former National Pension Act

(a) The same shall apply;

In case where a person who received an old age pension under this Act dies due to another person's unlawful act, the inheritor may, if the deceased was alive, inherit the damage claim equivalent to the old age pension that could have been received during the life period, and claim compensation against the perpetrator.

Meanwhile, Articles 72 through 76 of the former National Pension Act provide for the beneficiary of a survivor pension from a standpoint different from the inheritance system under the Civil Act for the purpose of guaranteeing the livelihood of and improving the welfare of the survivors who were supported by the beneficiary of an old age pension, etc. at the time of his/her death. Thus, the beneficiary of a survivor pension is not a heir but a person entitled to a survivor pension, and the beneficiary of the survivor pension does not include the inherited property of another person, such as the beneficiary of an old age

However, in cases where co-inheritors inherit a damage claim equivalent to the deceased's lost old-age pension as the beneficiary of an old-age pension dies by a third person's illegal act, while the beneficiary of a old-age pension receives a survivor pension from the National Pension Service, such survivor pension is a benefit with the same purpose and character as that of the old-age pension, and thus, it would be in line with the principle of equity to deduct the amount of the survivor pension from the damage claim equivalent to the lost old-age pension inherited by the relevant beneficiary of an old-age pension, but it cannot be deemed that the legal effect of the deduction due to the receipt of the survivor pension does not extend

Thus, a beneficiary of old age pension is another person.