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(영문) 인천지방법원 2020.08.21 2019가합61235

손해배상(기)

Text

1. The defendant,

A. Plaintiff A: (a) KRW 314,345,739; (b) KRW 209,897,159; and (c) KRW 209,89, and each of the said money to Plaintiff B, as of June 20, 2019.

Reasons

1. Facts of recognition;

A. Plaintiff A is the spouse of the deceased F (hereinafter “the deceased”). Plaintiff B is the deceased’s children, and Plaintiff C and D are the parents of the deceased.

B. At around 23:30 on June 20, 2019, the Defendant: (a) around H-si G, and (b) around H-si G, the Defendant’s workplace franchisor around H-si, told the Defendant that “Isle is waiting to be discharged from clothes at the house of her mother-gu,” and her face was taken once by her hand, and her face was moved back to the Deceased, and her face was flad by a son who was on the side before the above restaurant, and she was flading the Deceased’s face when her head was flad with the Deceased on the floor; and (b) the Deceased was dead at around 13:19 on June 24, 2019.

C. On November 8, 2019, the Defendant was indicted for the foregoing case and sentenced to a five-year verdict of conviction for the crime of bodily injury (Seoul High Court Decision 2019No2638). The Defendant appealed against this and appealed, but the appellate court rendered a judgment dismissing the appeal on May 7, 2020 (Seoul High Court Decision 2019No2638).

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 7, 2, 7, Eul evidence 1 and the purport of the whole pleadings

2. According to the facts of recognition as above, the defendant is liable for damages suffered by the plaintiffs, who are the deceased and their family members, due to the death of the deceased, as a tort, since the defendant inflicted bodily injury on the deceased and caused their death.

3. The scope of liability for damages caused by the death of the deceased and the plaintiffs' property damage (the passive damage from lost income, medical expenses, and funeral expenses), the basis for calculation of mental damage, calculation details, etc. are as follows.

In principle, the period of calculation shall be calculated on a monthly or yearly basis.