Plaintiff 1 and two others (Attorney Lee Hong-soo, Counsel for the plaintiff-appellant)

Samsung Fire & Marine Insurance Co., Ltd. (Attorney Jeon Jae-jin et al., Counsel for the plaintiff-appellant)

April 26, 2007

Chuncheon District Court Decision 2005Kadan5941 Decided July 25, 2006

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

1. Purport of claim

The defendant shall pay to the plaintiff 1 1 182,735,828 won, the plaintiff 2 and 3 118,157,212 won, and each of the above amounts, 5% per annum from May 26, 2004 to the service date of a copy of the complaint of this case, and 20% per annum from the next day to the day of full payment.

2. Purport of appeal

Of the judgment of the first instance court, the part against the plaintiffs seeking payment under the above shall be revoked. The defendant shall pay to the plaintiffs 1 25,714,286 won, and to the plaintiffs 2 and 3 17,142,857 won and each of the above amounts shall be paid 5% per annum from May 26, 2004 to the date of a judgment of the first instance, and 20% per annum from the next day to the date of full payment.

1. Occurrence of liability for damages;

The court's explanation on this part is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it is citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. Scope of liability for damages

The reasoning for this part of the court’s explanation is as follows, and this part of the fifth written judgment is the same as the written judgment of the court of the first instance, except when the written part of the fifth written judgment of the court of the first instance is written as follows. Thus, this part is cited by the main text of Article 420

d. Sheetary pension

The Plaintiffs are entitled to receive retirement pension under the Public Officials Pension Act at the time of the instant accident, and thus, the amount of KRW 282,302,460 (1,363,780 x 207) less the amount of survivor pension 197,61,722 (282,460 x 0.7) paid by Plaintiff 1 from the total amount of retirement pension that the deceased was entitled to receive up to the life expectancy as of the time of the instant accident.

According to the purport of the evidence No. 6-1 and No. 6-2, the deceased was receiving a retirement pension of KRW 1,363,780 per month under the Public Officials Pension Act at the time of the instant accident, and the plaintiff 1 was paid KRW 989,010 per month from the end of the life of the deceased due to the death of the deceased as a survivor pension. According to the above facts of recognition, as shown in the separate sheet of calculation, the deceased, as shown in the separate sheet of calculation, shall be calculated by the total amount of retirement pension up to the maximum working age of the deceased after the date of the instant accident, until the maximum working age of the deceased (the amount calculated by deducting interim interest under the Homan Calculation Act; hereinafter the same method) and the deceased's assertion that the amount calculated by deducting KRW 1/3 of living expenses from the total amount of the daily retirement pension of the deceased from the end of the life of the deceased until the end of 108,694,718,960, the deceased's total amount of profit of KRW 198,98.

3. Conclusion

If so, the defendant 1,604,095 won (the inherited expenses of KRW 26,804,095 + funeral expenses of KRW 1,800,000 + consolation money of KRW 3,00,00) and 18,869,397 won (the inherited portion of KRW 17,869,397 + consolation money of KRW 1,000), respectively, and each of them to the plaintiff 2 and 3 respectively, shall be subject to dispute over the existence and scope of the obligation, from May 26, 2004, which is the date of the accident of this case, from May 25, 2006 to July 25, 2006, which is the date of the first instance judgment, the defendant's claim for delay damages under the Civil Act of KRW 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion of Legal Proceedings, etc., shall be dismissed, and the remaining claim of this case shall be dismissed within the reasonable ground of appeal.

[Attachment Form 1]

Judges Lee Dong-dae (Presiding Judge)