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(영문) 서울중앙지방법원 2011.06.09 2011나9685

손해배상(자)

Text

1. Of the judgment of the court of first instance, 13,00,000 won against the Defendant and 9,643,541 won against the Plaintiff B and C, respectively.

Reasons

1. The reasons why the court should explain this part of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of the part concerning Chapters 4, 16, 5, and 8 of the judgment of the court of first instance as follows, and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The part to be mard;

(d) Mutual aid: It shall be as shown in the Attached Table of Calculation of Damages;

(1) To deduct advance payment of damages 31,000,000 won

(2) In the case of the accident of this case, the deceased and the defendant claimed that the advance payment for damages should be deducted from the right to claim damages inherited by the plaintiffs after dividing them according to their respective shares of inheritance, but there is no evidence to acknowledge that the plaintiffs and the defendant agreed as above). (2) While the deceased suffered loss from old age pension due to the accident of this case, the plaintiff A acquired the status of receiving the survivor's pension of KRW 329,70 from May 201 of the deceased's death to the time of the above plaintiff's death and acquired the status of receiving the survivor's pension of KRW 329,70 from March 5, 2029, which is the date of termination of the life rental of the deceased's death.

In the event that a person who received an old age pension under the National Pension Act dies due to a tort committed by another person, if his bereaved family succeeds to the right to claim compensation for damages caused by the deceased’s failure to receive an old age pension and received a survivors’ pension at the same time, the bereaved family members are concurrently entitled to receive the survivors’ pension for the same purpose, and in calculating the amount of compensation to be paid to the deceased’s heir, the amount of the survivors’ pension shall be deducted from the amount of the lost old age pension of the deceased, and only a part of the