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(영문) 서울남부지방법원 2019.02.14 2017나51974
유족보상 등
Text

1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. The grounds for this part of the relevant provisions of the Seafarers' Act are as stated in the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. In full view of the following circumstances acknowledged by the first instance court, which cited the causes of the death of D and the bereaved family’s compensation, as well as the written and image of Gap evidence Nos. 3, 7, 11, and Eul evidence Nos. 3 and 9 (including paper numbers), as well as the result of the appraisal commission to the J association of this court, and the entire purport of oral proceedings, D (hereinafter “the deceased”) on board the instant barge, which was on board the instant barge, is deemed to have died at the heart due to aggravation of cardio-cerebrovascular disease and high blood pressure, etc. without relation to the seafarer’s duties, and thus, this constitutes a case where he/she died of “the causes other than duties” on board the barge.

Therefore, the bereaved family compensation to be paid to the Plaintiff, a bereaved family member, is the average wage of 1,00 days on board.

1) We examine the deceased’s treatment records. From the beginning of October 2010, the deceased was receiving treatment with brain salutism that occurred around 2007, the deceased was saluted by prescribing an salutical pressure system. From April 2014, the deceased was suffering from 30,000 chest, and was hospitalized in the G Hospital located in Ulsan-gu, Ulsan-gu, Seoul, and was subject to diagnosis. As a result of the diagnosis, the deceased was hospitalized in the salutic salute (hereinafter “the instant disease”).

(ii) The reason was revealed as a scarcity, which is a disease that may cause heart expenses due to cardiopulmonary blood, etc.; (ii) the life habits of the Deceased served as a factor to increase the risk of the disease of this case.

In addition, the Deceased did not stop smoking and drinking even though he/she had a brain fluorial power, and even when he/she has used an appeal blood pressure system for a long time.

According to the medical records of La Hospital, the deceased is 1 A. per day.

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