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(영문) 인천지방법원 부천지원 2018.11.29 2017가단16985
손해배상(기)
Text

1. The Defendants jointly share KRW 42,076,135, and KRW 45,072,963 for each of them to Plaintiff A and each of them.

Reasons

1. Basic facts

A. Plaintiff A is F’s spouse, Plaintiff B, and C’s children.

Defendant D was the owner of a manufacturing warehouse in Pyeongtaek-si G, and Defendant E was a driver of a car cream, who is in charge of loading and unloading of construction materials at the construction site.

B. On November 5, 2005, F, upon Defendant D’s instruction, transported the sn beam beam at the construction site of the above new construction site, as the snick beam was caught by Defendant E’s knife’s knife’s knife’s knife’s knife’s knife’s knife, died far from the hife beam.

C. The plaintiffs filed a lawsuit against the defendants as Suwon District Court Sejong District Court Decision 2006Ra21458. On December 13, 2007, the plaintiffs filed a lawsuit to compensate the defendants for damages, including "The defendants were sentenced to the judgment that "The defendants paid to each plaintiff A 72,209,445 won, plaintiffs B, and C 45,072,963 won each of them and 5% per annum from November 6, 2005 to December 13, 2007, and 20% per annum from the next day to December 13, 2007." The above judgment became final and conclusive on January 3, 2008.

[Reasons for Recognition] Facts without dispute, Gap 1-1-2, each entry, the purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The parties’ assertion 1) As long as the period of prescription of the judgment claim against the Plaintiffs against the Defendants remains, the Defendants’ Plaintiffs received a survivors’ pension from the National Pension Service, the scope of the amount calculated by converting the amount of the survivors’ pension paid and the pension to be paid thereafter into a lump sum amount ought to be deducted.

B. 1) The National Pension Service paid the Plaintiff A a survivors’ pension from March 31, 2008, and paid a total of KRW 29,463,680 to July 2018, and paid KRW 223,210 on August 25, 2018 to the National Pension Service from August 27, 2018 to October 2018. 2) Defendant D paid KRW 17,200,000 for indemnity from April 27, 2010 to April 2, 2018. Defendant E paid the amount of KRW 17,200,000 for indemnity to the National Pension Service.

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