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(영문) 서울중앙지방법원 2017.11.21 2017나34690

손해배상(자)

Text

1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except in the following cases, thereby citing it as is in accordance with the main sentence of Article 420 of the Civil Procedure Act

The phrase “Defendant New Tourist Tour Tour Co., Ltd.” is changed to “New Tourist Tour Tour Co., Ltd.” and “Defendant I” to “I”. The phrase “liability for Defendant I and New Tourist Tour Events events” in Section 8-9 is deleted. In Chapter 9, the following is added under Part 17: “Defendant H and K non-life insurance was not easy to detect the decedent’s clothes in the color. However, there is no evidence to acknowledge it.

In addition, the above defendants asserted that the accident location of this case was avoided and there was no sign or indication about the speed limit, and thus, they could not be known that they are operating beyond the speed limit. However, such circumstance alone does not seem to be more restrictive than that of the defendants. Therefore, this part of the defendant H and the case non-life insurance claim is rejected.

“ .................. the portion of “.......” in Section 10 of Chapter 10 shall be modified as follows: “................”

1) Reasons for consolation money: (a) All circumstances shown in the arguments of this case, including the developments of this case, the deceased’s age and degree of negligence, the personal relationship with the plaintiffs, and the fact that Defendant H deposited KRW 6,285,70 for the plaintiffs in the criminal trial process, etc., shall be changed to the attached table for calculation of damages in attached Form 2: (b) the deceased’s amount of recognition: KRW 30,000,000 for each of the plaintiffs: KRW 2,000 for each of the plaintiffs; and (c) the defendant jointly changed to the attached table for calculation of damages in attached Form 2.