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(영문) 서울고등법원 2016.06.21 2015나2062119
보상금 등 청구의 소
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Scope of the judgment of this court;

A. The Plaintiff at the first instance court’s primary claim against the Defendants at KRW 447,947,636 [1] The Plaintiff’s share of inheritance for injury and disease compensation amounting to KRW 6,160,69,696 ② Survivors’ compensation amounting to KRW 369,64,100, ③ funeral expenses amounting to KRW 34,122,840, KRW 400,000, KRW 14 million (hereinafter “the deceased”).

) Of the consolation money, the amount of KRW 24 million in inheritance was 356,928,322 as a preliminary claim (i.e., the amount of compensation for injury and disease, KRW 448,482, 284,357,00, the amount of compensation for bereaved family’s compensation (i.e., the amount of compensation for injury and disease, KRW 34,122,840,400, the amount of compensation for funeral expenses ④ KRW 14,000,000 in inheritance among the consolation money for the deceased).

B. The court of the first instance dismissed all of the Plaintiff’s claim portion against the Defendant Dolco Co., Ltd. (hereinafter “Defendant Dolco”), and accepted some of the claim portion of consolation money and the conjunctive claim portion (the claim for the amount of injury and disease compensation) in the primary claim part of the Defendant Dalco Co., Ltd. (hereinafter “Defendant Dolco”).

C. Accordingly, the Plaintiff appealed on the part of the judgment of the first instance against the Plaintiff except the portion of the claim for consolation money and the portion of the claim for inheritance of injury and disease compensation (referring to the portion of the claim, i.e., the part, i., the main claim against the Defendant Dorico and the part, i.e., the main claim against the Defendant Dorico) and the portion of the claim for consolation money (referring to the part, i.

Therefore, the scope of this court’s adjudication is limited to KRW 318,479,840 of the Plaintiff’s conjunctive claim against the Defendants (=284,357,00 won for bereaved family’s compensation ③ funeral expenses KRW 34,122,840).

2. Basic facts

A. The plaintiff is the deceased's spouse, and the joint plaintiff B and C of the first instance trial are the deceased's children.

Defendant Dorico is the owner of “M/V AMBER UN” on board a ship that the deceased was on board, and the Defendant Dorico is the vessel “M/VOCEN FLOWY” on board the deceased, and the vessel “M/VOTRAL HNANEEY” on board the ship.

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