beta
(영문) 서울고등법원 2015.01.15 2014나2027652

손해배상(기)

Text

1. The judgment of the court of first instance is modified as follows.

The defendant's "request and quotation details" in the attached Form to the plaintiffs.

Reasons

The reasoning for the court's explanation of this case is as follows, since the part concerning the reasoning of the first instance judgment excluding "4. conclusion" among the part concerning the reasoning of the first instance judgment excluding the part concerning "4. conclusion" is the same as the remaining part of the reasoning of the first instance judgment, it shall be quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. The part to be filled by the court of first instance 6, 5, and 6 are as follows.

[Based on the basis of recognition] without dispute, Gap evidence 1 through Gap evidence 10 (this evidence No. 8-1, No. 2 is the same as Gap evidence No. 30-1, No. 30-2, Gap evidence No. 10 is the same as Gap evidence No. 31), Gap evidence No. 13, Gap evidence No. 26-1 through 3, Gap evidence No. 27, Gap evidence No. 29-1 through No. 4, the fact inquiry results in the Incheon District Prosecutors' Office in the first instance court, the whole purport of arguments, and the calculation, etc. of consolation money" in the judgment of the first instance court of "B." (No. 17 through No. 10-17, No. 9 of the first instance judgment) are as follows.

B. As seen earlier, the amount of consolation money, such as the calculation of consolation money, shall be determined based on the content and seriousness of the tort in this case in relation to the judgment of retrial against the plaintiff A, the period of sentence and prison life of the plaintiff A and the period of security observation, mental suffering and economic difficulties, social prejudice, and circumstances under which the plaintiff A and his family members suffered from the plaintiff's remaining plaintiffs and their family members, and the plaintiff G were detained and investigated for suspicion with respect to the plaintiff A, and the circumstances that were discharged from custody due to the plaintiff's act in this case, the age and family relation of the plaintiffs and the network M, growth and environment, property status, and the long-term period between the time of the conclusion of arguments and the time of arguments as seen earlier, and the amount of consolation money for the plaintiffs and the network M shall be determined by reflecting all the circumstances such as the changed citizen's income and monetary value, etc., and in exceptional cases where delay damages for compensation should be