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(영문) 수원지방법원 2018.09.05 2017나74153
위자료
Text

1. All appeals filed by the plaintiffs are dismissed.

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

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

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the statement of "1. Recognizing facts" in the judgment of the court of first instance, and this part is cited by Article 420 of the Civil Procedure Act.

2. The plaintiffs' assertion that the defendant's occupational negligence is "the victim G et al.".

Since the deceased's monthly income is KRW 3,678,497, and thus, the defendant shall compensate the plaintiffs for the damages. Since the amount of monthly income of the deceased is KRW 3,678,497, the amount obtained by deducting living expenses from the daily income until June 30, 2034, which is the date of retirement under the personnel management regulations of the Ansan Urban Corporation, is KRW 375,898,251. Here, the amount of KRW 200,000 and KRW 147,100,200 for survivors' benefits and KRW 100,000 for survivors' benefits and KRW 147,10,000 for survivors' benefits and KRW 10,798,051 for the plaintiffs' damages (i.e., KRW 375,898,251 for lost income - KRW 147,00,000 for survivors' benefits - KRW 140,200,00 for inheritance 105,397).

Therefore, within the scope of damages above, the defendant is obligated to pay to the plaintiff A 30,000,000 won, the plaintiff B, and C each of 10,000,000 won and damages for delay.

3. Occurrence of liability for damages;

A. According to the facts cited in the judgment of the court of first instance as to the occurrence of liability, the defendant is liable to compensate the plaintiffs, who are the deceased and their bereaved family members, for the damages caused by the instant accident, because the deceased who operated the self-ray machine by neglecting his/her duty of care in order to operate it only if there is no one to confirm whether there is any person inside the machine, and operated it in the machine and caused the deceased to die (hereinafter “instant accident”).

(b) limitation of liability;

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