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(영문) 서울남부지방법원 2019.07.16 2019가단213201
공제급여청구의 소
Text

1. The Defendant’s KRW 30,496,840 as well as the Plaintiff’s KRW 15% per annum from February 27, 2019 to May 31, 2019, and the following.

Reasons

1. Basic facts

A. The Plaintiff was in attendance at Chigh Schools in 2015, and the Defendant is a corporation established pursuant to Article 15 of the Act on the Prevention of and Compensation for School Safety Accidents (hereinafter “School Safety Act”), which is a school safety mutual aid business entity to which C High School Head has entered.

B. On September 8, 2015, the Plaintiff suffered injury in compensation for the right slives, which is the next direction slives, while going to E opened in Thai-si Dgymna on September 8, 2015.

(hereinafter referred to as “instant accident”). C.

Around June 2018, the Defendant recognized the instant accident as a school safety accident, and paid KRW 69,124,550, consolation money, KRW 4,500, and KRW 2,578,390 to the Plaintiff based on the rate of loss of labor capacity and maximum working age of up to 60,00,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above recognition of the liability to pay mutual aid benefits, the Plaintiff suffered disability even after the completion of medical care due to the school safety accident under the School Safety Act, and the Defendant is obligated to pay disability benefits under the School Safety Act to the Plaintiff.

3. Scope of liability;

A. Among the scope of disability benefits under the relevant provisions of the School Safety Act, the actual income is an amount determined by Article 3(2)3 of the State Compensation Act (the amount calculated by multiplying the amount of monthly salary, actual income, or average wage at the time the injury was inflicted according to the degree of loss of labor force caused by the relevant disability by the future workable period).

(Article 37(1)(b) of the School Safety Act.

The details of calculation of actual income of the plaintiff's lost income are as follows.

The period for the convenience of the calculation shall be calculated on a monthly basis, and the amount of less than the last month and less than KRW 1 shall be discarded.

The current price calculation of damages at the time of the accident shall be based on the door-to-door calculation method that deducts interim interest at the rate of 5/12 per month, and the door-to-day numerical value exceeds 240, and it shall be limited to 240.

1) Date of birth under recognition (A) : F birth b) Gender: Employmentable period: June 2019.

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