1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 15, 2014, the deceased C (hereinafter “the deceased”) died as the Defendant’s employment, due to fluor damage to fluoring trees, etc., in the process of cutting fluor trees at a fluoring field of trees at a DNA shooting range, who was suffering from fluoring trees.

(hereinafter “instant accident”). (b)

Accordingly, the Plaintiff and E, the wife of the Deceased, filed a lawsuit against the Defendant for the claim of damages against Daejeon District Court 2015Kadan22062. The claim of the instant complaint was stated as follows: “The Defendant shall claim against the Plaintiff E for the amount of KRW 57 million, KRW 33 million to the Plaintiff, and KRW 55% per annum from December 15, 2014 to the final judgment, and KRW 15% per annum from the next day to the day of full payment.” In the cause of the claim, the Defendant stated as follows: “The Defendant shall first claim for the lost income of the deceased, KRW 10 million per annum, and shall thereafter demand for the extension of the lost income.”

C. After the Plaintiff and E submitted an application for modification of the purport of the claim and the cause of the claim on July 18, 2016. At the time, the Plaintiff and E set the deceased’s income as 170,00 won per day and calculated the maximum working age as 60,000 won in total, and calculated the amount of the deceased’s lost income as 376,904,982 won in total. From the above lost income, the amount remaining after deducting the total amount of KRW 161,330,000 bereaved family’s benefits and the criminal deposit amount of KRW 20,000,000 in total from the above lost income was deducted, and the Plaintiff and E determined the amount of damages by inheritance according to their inherited portion, and the purport of the claim was “the Defendant paid the Plaintiff to the Plaintiff, 183,344,989 won, KRW 112,229,992, and each of the above amounts to KRW 15% per annum from the following day to the day of full payment.”

Accordingly, the above court recognized the deceased's negligence in the instant accident as 50% on January 12, 2017, and accordingly, there is no lost income for inheritance in cases where the bereaved family's benefits and criminal deposits are deducted from the actual income of the deceased as alleged by the plaintiff and E in the manner as alleged by the plaintiff and E.