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(영문) 서울중앙지방법원 2017.10.17 2017나25696
손해배상(산)
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

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

purport, purport, and.

Reasons

1. The scope of the judgment of this court is the child of the deceased H (hereinafter “the deceased”) in the first instance trial, and the defendant sought the lost income and consolation money and consolation money from the deceased as to the death of the deceased, respectively. The court of the first instance recognized each of the 24,793,656 won in the inherited portion of the deceased’s lost income, each of 8,88,8888 won in the deceased’s inherited portion of the consolation money, and each of the 2,00,000 won in the deceased’s consolation money, each of 35,682,544 won in total, and damages for delay, and dismissed the remainder of the claim.

As a result, this Court appealed against the cited portion of the actual income portion only by Defendant, the subject matter of this Court is limited to the claim of the actual income portion among the cited amount of the first instance court.

On the other hand, the part between the joint plaintiff A and the defendant in the judgment of the court of first instance among the judgment of the court of first instance was finalized as is because both A and the defendant did not appeal

2. As a result of examining the legitimacy of the judgment of the court of first instance citing the judgment of the court of first instance, the reasons for this case are the same as the reasons for the judgment of the court of first instance, and thus, they are quoted by the main sentence of Article 420 of

However, with respect to the argument that the defendant explicitly stated as the grounds for appeal, the following judgments shall be added.

3. The defendant's assertion as to the grounds for appeal by the defendant is the same status as the beneficiary of bereaved family benefits under the Industrial Accident Compensation Insurance Act.

According to the purport of the en banc Decision 2008Da13104 Decided the first instance court en banc Decision, the legal doctrine that the amount of survivors’ benefits paid to the beneficiary under the Industrial Accident Compensation Insurance Act shall be deducted from the damage compensation claim, within the limit of the amount of damages corresponding to the lost income inherited by the beneficiary. However, the amount equivalent to the lump sum survivors’ compensation benefits arising from the accident in this case shall be deducted from the amount of lost income of A only from the portion of lost income of A, and the Plaintiffs did not fully deduct from the portion of actual

1.2.2

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