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(영문) 대전지방법원 2019.09.25 2018나113575
손해배상(산)
Text

1. Of the judgment of the court of first instance, the part against Plaintiff B, C, and D corresponding to the amount ordered to be paid below shall be revoked.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, with the exception of the following “the part which is dismissed or added.” As such, the main sentence of Article 420 of the Civil Procedure Act refers to the part which is dismissed or added by the court of first instance, and the part which is dismissed or added by the court of first instance refers to the “Defendant A” of No. 15 of the first instance judgment to “Plaintiff A”. The “40%” of the 6th judgment of the court of first instance refers to “30%” of the 6th judgment.

The grounds of the judgment of the court of first instance are as follows. Article 3-2(b) through (8) (the 7.8 pages of the judgment of the court of first instance) of the judgment.

1) Gender: The male date of birth of 51 years of age or 3: The remaining 51 months of age or 51: the date of birth: October 10, 2046: March 21, 2030 (see, e.g., Supreme Court en banc Decision 2018Da248909, Feb. 21, 2019); 208. 31. (a) the average monthly income of 31. 36 years of age or 208 (the last day of the date on which 63 years of age or 63 years of age or 68; 206. 3. 36 years of age or 4; 3. 28 years of age or 4; 3. 25 years of age or 52, or 36. 25 months of age or 48; 206. 3 years of age or 5. 25 months of age or 36. 25 months of age or 4. 25 months of age or 28.

(c) Loss of property as a result of calculating the comparative negligence or the limitation of liability (70%): 104,960,324 won (=349,867,747 won x 30%)

D. The Korea Workers’ Compensation & Welfare Corporation paid the survivors’ benefits under the Industrial Accident Compensation Insurance Act to the beneficiaries, following the worker’s death due to the occupational accident.

Even if the co-inheritors who are not the beneficiary have succeeded to the claim for damages and the entitlement to the bereaved family's benefits are different from each other.

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