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(영문) 서울남부지방법원 2017.09.01 2016가단227827
보험금
Text

1. The Defendant: 82,353,411 won, Plaintiff B, and C respectively; and 375,000 won and each of the said money to Plaintiff D.

Reasons

1. Case summary

A. On November 8, 2014, Plaintiff A received the injury of “satise satise satise satise satise satise satise satise satise satise sate sate satise satise satise sate sate sate sate sate sate sate sate s

(C) fact that there is no dispute;

Under the Act on Prevention of and Compensation for School Safety Accidents (hereinafter referred to as the “Act”), Plaintiff A seeks reimbursement of KRW 78,321,819, consolation money, KRW 3,00,000, and KRW 82,353,411, which is the parent of Plaintiff B and C, and KRW 1,50,000, KRW 375,00,000, respectively, calculated at 15% of the additional medical expenses other than the medical expenses already paid.

C. As to this, the Defendant asserted that the disability benefits and consolation money should be paid on the premise that the rate of loss of labor ability caused by the instant accident by the Plaintiff A is excessive to 5% or 8%.

2. The ratio of Plaintiff A’s loss of labor ability;

A. In full view of the records in Gap evidence 6 and the results of the appraiser E's physical appraisal, the fact-finding results in this court's fact-finding on Eul is expected to be a permanent obstacle due to the aftermath of "the insurgical instability (the results of physical assessment)" due to the accident in this case.

B. (1) Under Article 37 of the Act, when a beneficiary who received medical care benefits has a disability even after the completion of the medical care, the beneficiary or his/her guardian shall be paid disability benefits and consolation money, and matters necessary for the criteria for determining the degree of disability, calculation of the degree of disability and the method for paying disability benefits shall be prescribed by Presidential Decree. According to Article 16(1) of the Enforcement Decree of the Act, when calculating disability benefits, the degree of physical disability and the rate of loss of labor ability shall be prescribed in [Attachment 2], and Article 37 of the Act [Attachment 2].

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