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(영문) 광주지방법원 2021.01.28 2020나55281
구상금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: Around April 29, 202, subparagraph 4 of the judgment of the first instance added the evidence No. 9 and No. 10 to the ground for recognition; and A added the evidence No. 9 and No. 10 to the ground for recognition as follows; the defendant's assertion emphasized or added the following "3. Additional Judgment" is as stated in the reasoning of the judgment of the first instance except for the addition of the "3. Additional Judgment", the part added as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act (excluding the part as to Defendant B and C, which became separate and final, excluding the part as to which the judgment of the first instance is separated). A work-welfare Corporation added around February 29, 2020, pursuant to the Industrial Accident Compensation Insurance Act (hereinafter "Industrial Accident Insurance Act") to the wife's wife's right to receive compensation as the bereaved family's pension benefits as the bereaved family's benefits, and the remaining amount of compensation KRW No. 4, 252524 and 57.

[....]

3. Additional determination

A. The Defendant’s assertion 1) Based on the industrial accident compensation insurance that the Defendant subscribed, the Labor Welfare Corporation paid KRW 44,524,520 to the deceased’s wife L as a lump-sum amount for bereaved family compensation, and the remainder of KRW 44,524,520 is expected to be paid as a bereaved family compensation annuity. The person who received the bereaved family compensation annuity pursuant to Article 80(2) of the Industrial Accident Compensation Insurance Act should be deemed to have received the bereaved family’s lump-sum amount for bereaved family compensation. As such, the Labor Welfare Corporation may be deemed to have paid KRW 89,049,040 to L.

Therefore, the Defendant is exempted from liability to compensate for damage within the scope of receiving insurance benefits by the deceased’s wife L, who is a right to demand and supply pursuant to Article 80(2) of the Industrial Accident Insurance Act. Therefore, the Defendant’s lump sum amount of 89,049,040 won paid by L should be deducted from the Defendant’s compensation amount.

In addition, L has already received funeral expenses of KRW 11,097,760 from the Labor Welfare Corporation.

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