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(영문) 서울남부지방법원 2019.01.24 2018나60890

손해배상(자)

Text

1. Of the judgment of the court of first instance, the part against the defendant against the plaintiff A in excess of the following amount ordered to be paid.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows: (a) in order to reflect KRW 10,000,000 of the insurance money that the plaintiff received from the defendant in the calculation of damages, the plaintiff added or added as described in paragraph (2) below, and thus, it is so accepted by the main sentence of Article 420 of the Civil Procedure Act.

2.In addition or after addition, the following shall be added to the third page 9 of the decision of the first instance:

On August 23, 2017, Plaintiff A received KRW 10,000,00 as part of the insurance money from the Defendant as part of the amount of damages on August 23, 2017. The six pages 4 through 6 of the judgment of the first instance court is as follows.

(g) Plaintiff A: 48,941,208 won (i.e., inheritance amount of KRW 52,941,208: funeral expenses of KRW 5,000,000: 1,000 for funeral expenses of KRW 52,941,208; KRW 10,000 for partial insurance money of KRW 10,000 for the previous payment)) shall be written as follows: < Amended by Presidential Decree No. 18870, Nov. 2, 2016>

A person shall be appointed.

3. In conclusion, the plaintiffs' claims should be accepted within the above scope of recognition, and the remaining claims should be dismissed for lack of reasonable grounds.

Plaintiff

Since the part of the judgment of the first instance against A ordering payment in excess of the above recognition amount is unfair, it shall be accepted in part by the defendant, and it shall be revoked, and the claim of the plaintiff A corresponding to the revoked part shall be dismissed, and each appeal against the plaintiffs' appeal and the defendant's remaining appeal against the plaintiff A and appeal against the plaintiff B, and the benefit rate