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(영문) 대전고등법원 2017.09.27 2017나12569
용역비
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

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

Reasons

Basic Facts

The plaintiffs are the parents of the deceased D (hereinafter referred to as the “the deceased”), and the defendant is the wife of the deceased and the legal guardian.

On December 6, 1998, the Deceased died on August 7, 2014, when he was suffering from a traffic accident and received hospitalized treatment in a veterans hospital, etc. as plant human resources.

The defendant employed the deceased and sent the deceased, but on February 10, 2003, the plaintiffs shown E without the consent of the defendant, and thereafter the deceased was nursing up until the time of the death of the deceased.

The Deceased was designated as a person of distinguished service to the State on March 26, 2002.

Accordingly, the defendant received the first class nursing allowance of the person of distinguished service to the State until the death of the deceased.

The nursing allowances received by the Defendant from June 2006 to July 2014, 201, a total of KRW 191,297,00,00.

Since February 10, 2003, the plaintiffs sustained the deceased until then, they filed a lawsuit against the defendant claiming nursing expenses by asserting that the defendant is obligated to pay nursing allowances equivalent to nursing allowances ( Daejeon District Court Decision 2005Da3230). However, the above court dismissed the plaintiffs' claim on August 30, 2005.

Accordingly, the Plaintiffs appealed (Seoul High Court Decision 2005Na10461), and the above court rendered a decision in lieu of conciliation as follows on April 20, 2006 (hereinafter “instant compulsory conciliation decision”). The above decision became final and conclusive on May 12, 2006 because both the Plaintiffs and the Defendant did not raise any objection.

1. The defendant shall pay the plaintiff A KRW 23 million up to May 15, 2006, and shall pay the unpaid amount at the rate of 20% per annum until the full payment is made.

2. The Defendant is in charge of nursing the Deceased from May 16, 2006, and the Plaintiffs shall not interfere with the Defendant’s nursing.

3. Until the confirmation of the instant case, both parties cannot file a civil or criminal claim or raise any problem with respect to all issues arising between the Plaintiffs and the Defendant and all issues relating to the Deceased.

[Ground of recognition] dispute.

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