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(영문) 서울고등법원 2019. 11. 5. 선고 2019누46116 판결
[재해위로금][미간행]
Plaintiff and Appellant

Plaintiff (Attorney Lee Jae-hee et al., Counsel for plaintiff-appellant)

Defendant, Appellant

Korea Mine Reclamation Corporation (Attorney Kim Jong-tae, Counsel for the plaintiff-appellant)

September 3, 2019

The first instance judgment

Seoul Administrative Court Decision 2018Guhap76675 decided May 24, 2019

Text

1. The plaintiff's appeal is dismissed.

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

The judgment of the first instance is revoked. The defendant shall pay to the plaintiff 63,023,90 won with 15% interest per annum from the day after the delivery date of a copy of the complaint of this case to the day of complete payment.

Reasons

1. Quotation of the first instance judgment

The grounds for the plaintiff's assertion in the trial court are not significantly different from the argument in the trial of the first instance, and even if the evidence submitted in the first instance is re-examined along with the plaintiff's assertion, the fact-finding and judgment in the first instance

Therefore, the reasoning for the court's explanation concerning this case was that "the instant case" was paid 2,283,420 won on March 8, 1989 (the lump sum disability benefits) and 965,630 won on June 21, 1991, and 33,821,560 won on June 14, 201 (the disability benefits according to the difference of the grade as of January 6, 201), 33,821,560 won on April 29, 201, 200 won on a lump sum disability (the corrected disability benefits as of January 6, 201), 5,719,240 won on April 29, 201, 200 won on the ground that "the payment period was corrected as of January 6, 2010, 300 won on each of the instant case's disability benefits pursuant to Article 27, 314,51,2015.4

2. Conclusion

Therefore, the plaintiff's claim of this case shall be dismissed as it is without merit. Since the judgment of the court of first instance is just in conclusion, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

Judge Lee Young-young (Presiding Judge)

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