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(영문) 부산지방법원 2017.08.22 2016가단15835
손해배상(산)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The defendant is a company that executed the new construction of apartment building B in Kimhae-si, and a public construction corporation (hereinafter "public construction corporation") is a company that subcontracted the construction of reinforced concrete during the above construction, and C is a worker of public construction, and the plaintiff is a son's son and D is a wife of C.

B. On April 16, 2015, C, while performing concrete snowing work at the construction site of the said apartment building, there was an accident where C was killed by facing head from the above vehicle boom boom with ground subsidence (hereinafter “instant accident”).

C. D had been living separately with the Plaintiff and C because long after the Plaintiff gave birth. A written waiver of inheritance, which was subsequent to the instant accident, made on April 27, 2015, to the effect that the Plaintiff renounced inheritance of all property of C, and issued it to the Plaintiff.

D From June 25, 2015, at the qualification of the principal and the legal representative of the Plaintiff, the following agreements were made between the Defendant and the public question building (hereinafter “instant agreement”).

1) The term “A” refers to the payment or payment of compensation for survivors’ compensation under the Industrial Accident Compensation Insurance Act, civil affirmative and passive compensation for damages, “B” and the deceased’s family members under the Industrial Accident Compensation Insurance Act, with respect to the industrial accident in this case, as follows, with respect to the compensation for survivors’ compensation under the Industrial Accident Compensation Insurance Act, and thereby, the payment or payment of the compensation for the consolation money and the compensation for damages (compensation) to the principal and the deceased’s family members, and thus, the payment of KRW 14,198,00 for funeral expenses of “B” was made by the “A”. The funeral expenses according to the industrial accident compensation insurance are to be received by the funeral executor (the “A”).

(2) “A” shall be entitled to bereaved family’s compensation according to the industrial accident compensation insurance.

(3) “A” shall be immediately deemed to be “A” upon receipt of bereaved family’s compensation for industrial accident compensation insurance.

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