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(영문) 서울중앙지방법원 2017.07.04 2016나77164
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. With respect to this part of the facts of recognition

Except for the following modifications, the part of the judgment of the court of first instance is identical to the corresponding part of the reasons for the judgment, and thus, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

C. The heir of the Industrial Accident Compensation Insurance Fund and the Plaintiff’s insurance premium payment network F (hereinafter “the deceased”) has spouse G, G, H, and I.

(hereinafter referred to as “heirs” when combined with G, H and I. All the medical expenses of the deceased were paid as medical care benefits for industrial accident compensation insurance, and the amount was 19,864,860 won, and funeral expenses incurred by the death was paid as funeral expenses for industrial accident compensation insurance, and the amount was 9,093,040 won.

Article 63 (3) of the Industrial Accident Compensation Insurance Act, which is the spouse entitled to the first-class survivors' compensation annuity, was paid in KRW 1,129,310 of the deceased's temporary layoff benefits before the deceased's death, is in order of spouse, children, parents, grandchildren, grandparents, and siblings.

G is receiving the survivor pension.

On April 19, 2013, the Plaintiff, Maci, and inheritors agreed as follows:

(hereinafter referred to as “the instant agreement”). The actual contents of the agreement shall be determined as KRW 97,00,000,000 of the amount of damages of the deceased, who shall be compensated for by the Plaintiff and the penal State.

The plaintiff shall pay 72,00,000 won to the inheritor.

The actual contents of the tax shall be paid 25,000,000 won to the inheritor.

On April 30, 2013, the Plaintiff paid all the amount agreed upon by the instant agreement to the heirs, and around that time, the Plaintiff paid the said agreed amount to the heirs.

2. As to the establishment and scope of the right to indemnity against the joint tortfeasor

Except for the following parts, the part below the paragraph (2) above is the same as the corresponding part of the judgment of the court of first instance, and thus, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(2) The deceased and their inheritors.

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