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1. The part against the plaintiff in the judgment of the court of first instance shall be revoked.
2. The plaintiff's claim is dismissed.
3. The total cost of the lawsuit.
Reasons
Basic Facts
A. The plaintiff is a woman of H, and the defendant is a manager of M farm and an employer of H and L.
B. L, at around 17:40 on December 15, 2012, while driving a J Cargo (hereinafter “instant truck”) to move to a meal place, L operated the steering gear to the left side of the instant truck on the road, facing the instant truck from the west to the right side of the instant truck, while driving on the front side of the Songcheon Village located in the west-ri, west-gun, west-gun, west-gun, west-do, the front side of the instant truck, at the right side of the road.
Accordingly, the freight of this case, beyond the central line, was separated from the road and fell into a dry field below about 3 meters.
(hereinafter referred to as “instant accident”). C.
H was on the top head of the instant cargo vehicle at the time of the instant accident, and was inflicted an injury on cerebrovascular blood, and died from the cerebral department at the Gwangju Metropolitan Government Hospital around 05:55 on December 18, 2012.
(hereinafter “H”) H. D.
The Deceased entered the Republic of Korea at the time of the instant accident (H-2) with the nationality of the People's Republic of China (hereinafter referred to as "China").
【In the absence of any dispute, the Plaintiff, who is an employee, was killed due to the Defendant’s intentional or negligent act, the Plaintiff’s assertion of the part concerning the claim for share of inheritance as to the purport of the entire pleadings, and the Plaintiff’s assertion of the part concerning the claim for share of inheritance. As such, the Defendant is liable to compensate for the damages incurred by the Deceased due to the instant accident, the Plaintiff, the heir of the Deceased, is liable to pay KRW 10,924,684 corresponding to the Plaintiff’s share of inheritance (1/6).
The defendant's assertion that the deceased is the heir, and the plaintiff is not the heir of the deceased.
According to Article 49 (1) of the Act on Private International Law, inheritance is governed by the law of nationality of the inheritee at the time of death.