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(영문) 서울중앙지방법원 2017.10.27 2017나11697

손해배상(자)

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 quoted trial of the first instance court was examined closely by the parties’ allegations and the evidence presented at the first instance court and the first instance court, but it does not seem that there was any error in the fact-finding and judgment of the first instance court.

Therefore, the reason for the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except in cases where part of the judgment of the court of first instance is written or added as follows. Therefore, it is accepted by the main text of Article 420 of the Civil Procedure Act.

The 20km/h of the 3rd judgment of the first instance court shall be applied by using the 20km "(20km)".

Part 3 of the judgment of the first instance court shall be deleted from the 19th "F is standing."

The degree of "the degree of negligence" in the fourth 20th 20th of the judgment of the first instance shall be deleted.

Each "12,272,727 won" in the 5th sentence of the first instance court and 19th sentence shall be added to "10,909,090 won".

In addition, the following shall be added between 5 pages 15 and 16 of the judgment of the first instance:

The Defendant asserts to the effect that, “The amount of bereaved family’s benefits received by the Plaintiff from the Korea Workers’ Compensation and Welfare Service exceeds the amount of the deceased’s claim for damages and consolation money, the Defendant’s liability to Plaintiff B, C, D, and E also disappeared.

In addition, the amount of survivors' benefits paid by the Korea Workers' Compensation and Welfare Service to beneficiaries under the Industrial Accident Compensation Insurance Act shall be interpreted to be deducted only from the amount of damage claim corresponding to the lost income inherited by the relevant beneficiary (see Supreme Court Decision 2008Da13104, supra). According to the evidence No. 7, the remaining Plaintiffs except the Plaintiff A may recognize facts that are not the beneficiary of survivors' benefits, and thus, the amount of survivors' benefits shall not be deducted from the portion of inheritance of the said Plaintiffs.

Therefore, the defendant's above assertion is without merit.

[] The 3. conclusion of the 5th judgment of the first instance court in the 5th page 18th judgment was followed by the "3.3. conclusion" in the 4th judgment.

The six pages 1 of the judgment of the court of first instance shall be referred to as the "date of pronouncement of this judgment" as the "date of adjudication of the court of first instance".

The first instance court.