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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Plaintiffs are parents of the network D (hereinafter “the deceased”), and the Defendant is the wife of the deceased and the legal guardian.
B. On December 6, 1998, the Deceased died on August 7, 2014 while receiving hospitalized treatment at veterans hospitals, etc. due to traffic accidents.
C. The Defendant employed the Deceased and sent the Deceased, but the Plaintiffs produced E without the consent of the Defendant on February 10, 2003, and thereafter the Deceased was under the care of the Deceased by the time of his death.
On March 26, 2002, the deceased was designated as a person of distinguished service to the State. Accordingly, the defendant received the first class nursing allowance of wounded persons of distinguished service to the State until the deceased died.
The nursing allowances received by the defendant from June 2006 to July 2014, the deceased was the total of 191,297,000 won.
E. On June 27, 2005, the plaintiffs filed a lawsuit claiming nursing expenses (Seoul District Court 2005Kadan3230) against the defendant, claiming that "the defendant is obligated to pay the plaintiffs the nursing expenses equivalent to the nursing allowances because the plaintiffs have nursing of the deceased from February 10, 2003," and the court dismissed the plaintiffs' claim on August 30, 2005 on the ground that there is no claim source against the plaintiffs.
The plaintiffs appealed against the above judgment of the first instance court (the Daejeon High Court 2005Na10461), and the Daejeon High Court on April 20, 2006 rendered a decision in lieu of conciliation as follows (hereinafter “instant compulsory conciliation decision”). The above decision became final and conclusive on May 12, 2006 because both the plaintiffs and the defendants 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. From May 16, 2006, the Defendant is in charge of nursing the Deceased, and the Plaintiffs shall not interfere with the Defendant’s nursing.
3. All issues arising between the plaintiffs and the defendant until the confirmation of the instant case and the deceased.