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(영문) 의정부지방법원 2020.09.17 2019나213758
손해배상(산)
Text

Of the judgment of the first instance, the Defendants ordered the payment to Plaintiff B and C in excess of the following amount.

Reasons

1. The reasoning of the court of first instance concerning the instant case is as follows. (The court of first instance determined KRW 310,66,362 exceeding KRW 303,358,842, the daily income of the deceased for whom the plaintiffs sought, as the lost income of the deceased. Since the amount exceeds the claims claimed by the plaintiffs, this exceeds the claims claimed by the plaintiffs, the court of first instance accepted only KRW 303,358,842, the amount of the deceased’s lost income as the lost income of the deceased, and accordingly corrected the result of calculation) and added the judgment in accordance with the main sentence of Article 420 of the Civil Procedure Act as it is stated in the part of the reasoning of the first instance judgment except for adding the judgment in accordance with the following two.

The part of "attached Form 16 of the judgment of the court of first instance" shall be written with "303,358,842 won for which the plaintiffs seek out of the amount stated in the attached Form 16 calculation sheet of damages."

The 7th sentence of the first instance judgment "241,93,135 won" and the part "310,66,362 won" and the part "303,358,842 won" of the 12th sentence of the 7th instance judgment shall be considered as "237,183,247 won," respectively.

Part 7 of the 15th sentence of the first instance judgment “each KRW 69,123,752” shall be considered as “each KRW 67,76,642”, and the part “241,93,135 won” shall be considered as “237,183,247 won”.

The part of the second sentence of the first instance judgment "7,123,752 won" and the part "69,123,752 won" and the part "69,123,752 won" shall be written by "67,76,642 won," respectively.

The 197,183,247 (=303,352 won x 65%) part of the 19th instance judgment "201,93,135" in the 19th instance judgment shall be applied to "197,183,247 (=303,358,842 won x 65%)."

2. Additional determination

A. The amount of damages should be determined after deducting KRW 183,196,00, which can be converted into the amount of bereaved family’s benefits paid in lump sum by the Plaintiffs from the amount when considering comparative negligence offsetting the deceased’s actual income.

B. The Korea Workers’ Compensation & Welfare Corporation is established upon the death of an employee of the relevant legal doctrine due to occupational accidents.

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