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(영문) 대전고등법원(청주) 2016.11.29 2016나10408
보험금
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs, which orders additional payment.

Reasons

1. The reasoning of the court of first instance’s assertion of Defendant Hyundai Marine Fire Insurance in the court of first instance is further determined in paragraph (2) below, and the part of the first instance judgment No. 11 “7 deductions” (hereinafter referred to as “the first instance judgment”) is as stated in the reasoning of the first instance judgment, except for a new part under paragraph (3) below, thereby citing it as it is in accordance with the main sentence of Article

2. Additional determination

A. Defendant Hyundai Marine Fire Insurance Claim 1) As such, the Deceased was a benefit income earner at the time of the instant accident, in calculating the lost income due to the aftermath disability and death of the Deceased, it shall be calculated on the basis of the 3-month salary immediately preceding the instant accident. 2) In calculating the lost income by deeming the Deceased as a person without duty.

However, in the terms and conditions of the instant insurance contract, the term “daily wages” is defined as “the ordinary wages out of the wages which are investigated and published by the approval authority for statistical compilation pursuant to Article 3 of the Statistics Act (the Korea Construction Association, the Small and Medium Enterprise Cooperatives Federation, the manufacturing sector: the Small and Medium Enterprise Cooperatives Federation).” Thus, the actual income of the deceased shall be calculated on the basis of the wages of

3) In addition, in the terms and conditions of the instant insurance contract, the actual income amount for the benefit income earner under the age of 60 shall be recognized as daily wages at the time of the victim’s death or disability determination. Therefore, in calculating the lost income due to the death or disability of the deceased, it is reasonable to apply only the ordinary wages in the manufacturing sector at the time of the death or disability determination, and to take into account the increase thereafter. (B) As to whether to apply the standard for the benefit income earner, the following circumstances revealed by the overall purport of the evidence and arguments, i.e., the deceased was residing in rural communities at the time of the instant accident and the death, and the deceased was working for the Henwon Spring Spring Water Co., Ltd.

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