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(영문) 서울고등법원 2017.12.05 2016누48173

유족급여 및 장의비 부지급처분 취소

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited in this case is the same as the reasoning of the judgment of the court of first instance, in addition to the part added or added below, and thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

From the second bottom of the judgment of the court of first instance, the following shall be added to the "ELB Co., Ltd." (hereinafter referred to as "ELB")".

6 pages 4 of the judgment of the first instance court, the witness F shall add “I” following the witness F.

The 19 of the first instance judgment’s 4 pages 8 of the 19th instance judgment is added after the 17th instance judgment.

The 4th 9th son of the judgment of the first instance, "Plaintiff", shall be taken into consideration as "the deceased."

The following shall be added to the fourth bottom of the first instance judgment:

Accordingly, the Plaintiff asserts to the effect that, after receiving the E’s request, E made a request for air conditioners washing work, ELE again requested the said work to EL branch service. Therefore, the Plaintiff asserted to the effect that EL branch service was aware that the deceased was performing air conditioners work at the time of the instant accident.

However, in full view of the overall purport of the arguments in witness F and I’s testimony, the EL branch service entered into a contract with ELE and, upon receipt of a request for services, such as acceptance and installation of NAW, it is deemed that ELE directly sent the message to the engineers belonging to EL branch service and carried out the business in a way that the engineer in charge is allocated. Therefore, it is insufficient to recognize that EL branch service was aware of the fact that EL branch service was designated as an engineer in charge of E’s repair and washing before the instant accident occurred and that the deceased was carrying out the said work together, and there is no other evidence to acknowledge it.

【Seo L branch Services, even if it was known prior to the date of the instant accident that the Deceased was in charge of washing the E, shall be described in paragraphs 2 through 7 of the following.