손해배상(자)
1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order shall be revoked.
1. The reasoning of the court of first instance’s explanation concerning this case is that the defendant’s argument is insufficient to recognize as the defendant’s assertion as the evidence additionally submitted in the court of first instance, and the reasoning of the court of first instance is as stated in the reasoning of the court of first instance except for the dismissal as follows. Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The calculation table of damages in the attached Form of the judgment of the court of first instance shall be replaced by the calculation table of damages in the attached Form of the judgment of the court of first instance.
"30,154,289 won" during the five-dimensional nine-dimensional trial in the first instance judgment shall be construed as "31,036,319 won".
The 5th day of the first instance judgment shall be 18th day or less as follows:
[Attachment 1] Amount to be inherited: 121,036,319 won (=property damage 31,036,319 Won 90,00,000): Inheritance amount to each of the plaintiffs 1/23): 60,518,159 won (=121,036,319 won 】 1/2).
E. Plaintiff A: 72,518,159 won (i.e., KRW 60,518,159 funeral expenses of KRW 5,000,000 for funeral expenses of KRW 5,000 for funeral expenses) Plaintiff B: 67,518,159 (= inheritance amount of KRW 60,518,159 for consolation money of KRW 7,000 for consolation money of KRW 60,518,159)
F. According to the theory of lawsuit, the defendant's judgment is reasonable as to the amount of damages for losses for the plaintiff A, calculated at the rate of 15% per annum from the day following May 21, 2019 to the day when the judgment of the court of first instance is rendered from December 18, 2018 to July 25, 2019, which is the date of the accident in this case; 5% per annum from the day when the judgment of the court of first instance is rendered; the provisions on special cases concerning the promotion, etc. of lawsuit from the day after the day when the accident in this case to the day when the full payment is made; the statutory interest rate of the main sentence of Article 3 (1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, Jun. 1, 2019; and effective as of June 1, 2019) as to the amount of damages for delay calculated at the rate of 15% per annum and additional 441,5% per annum per annum.