Main Issues

The victim's right to consolation money on the same family register and Article 752 of the Civil Act

Summary of Judgment

It is natural in light of the rule of law that a person who lives together with the same family register has suffered mental pain if he/she suffered an injury to the degree that he/she can see the reduction of 60 percent of labor force due to traffic accident.

[Reference Provisions]

Article 752 of the Civil Act

Plaintiff-Appellee

Plaintiff 1 and two others

Defendant-Appellant

Korea

Judgment of the lower court

Seoul High Court Decision 67Na1286 delivered on September 27, 1967, Seoul High Court Decision 67Na1286 delivered on September 27, 1967

Text

The appeal is dismissed.

Reasons

The judgment on the grounds of appeal by the defendant 2 is based on the external records of the plaintiff 1 and the defendant 2, according to the original judgment and the defendant 2's external records of the plaintiff 1 and the defendant 2 are living together in the same family register, so if the plaintiff 1 suffered an injury to the extent to view the reduction of 60 percent of the labor force due to the traffic accident of this case, the plaintiff 2, who is his external records, shall be naturally suffering from mental pain in light of the rule of experience, and therefore, the plaintiff 2, who is his external records, can claim consolation money against the defendant pursuant to Article 751 of the Civil Code, and Article 752 of the Civil Code is merely an exemplary provision of the damage legal interest. Thus, the argument is groundless.