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(영문) 인천지방법원 2017.01.12 2015가단247225
공제급여 지급 청구의 소
Text

1. The Defendant: (a) KRW 47,121,620 for each of the Plaintiffs and 5% for each of them from November 4, 2015 to January 12, 2017; and (b).

Reasons

A. As of 17.17. 82,243,241 won (i.e., 276,371,479 won - 194,128,238 won (the defendant shall calculate the lost income as KRW 277,326,055, and the defendant shall pay KRW 194,128,238 won after deducting 30% of the deceased’s negligence). 2) The consolation money (Attachment 6A of the Enforcement Decree of the Act on the Prevention of and Compensation for School Safety Accidents) (i.e., 194,128,238 won) of the death accident of this case does not constitute “any special circumstance deemed inappropriate for the above list” as provided in Table 6 of the Enforcement Decree of the Act on the Prevention of and Compensation for School Safety Accidents, and there is no evidence to acknowledge that the defendant otherwise did not have the obligation to pay consolation money above the amount prescribed in the above attached Table 6.

B) Specific scope network C: 20 million won: The remaining consolation money after the Defendant deducts the amount paid as consolation money respectively by the Defendant: 6 million won (=20 million won - 14 million won (the amount paid after deducting 30% of the deceased’s negligence; hereinafter the same shall apply)* each of the Plaintiffs: 3 million won (=10 million won - 7 million won): 2.5 million won (total 7.5 million won, the Defendant paid the deceased’s grandparents and siblings, and the Defendant paid the deceased’s share, which shall not be deducted separately) funeral (Article 40 of the Act on the Prevention of and Compensation for School Safety Accidents): 658,173 (the amount paid after deducting 30% of the deceased’s negligence; hereinafter the same shall apply): 3 million won: 2.5 million won for the deceased’s grandparents and siblings’s grandparents, and 30 million won for the deceased’s funeral and siblingss (Article 40 of the Act on the Prevention of and Compensation for Accidents at School): 6016, 242014,3614,24.25 billion won remaining.

D. Accordingly, the Defendant’s each deduction benefit of KRW 47,121,620 (i.e., the remaining consolation money of KRW 44,121,620 for the Plaintiffs’ remaining portion of inheritance) and the Defendant’s claim as of November 4, 2015 for the payment of deduction benefits after the 14th day from the date on which the Plaintiffs claimed payment of deduction benefits.

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