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(영문) 서울남부지방법원 2019.07.18 2018나54710

손해배상(기)

Text

1.The judgment of the first instance shall be modified as follows:

Defendant 20,915,092 won, Plaintiff C, and D respectively.

Reasons

1. The reasoning of the judgment of the court of first instance for the acceptance of the judgment is as follows: (a) reflecting the change of the “ratio of Defendant’s liability limitation” and “ratio of the deceased’s consolation money” in the litigation and the trial following the death of the deceased E, the reasons for the judgment of the court of first instance for the acceptance of the judgment are as follows; and (b) under the main sentence of Article 420 of the Civil Procedure Act,

2. As to the death of a part of the network E, the volume of the enemy changed to the effect that “the deceased on March 18, 2019, and the deceased on March 18, 2019, Plaintiff B, C, D, Q, and R inherited the network E, such as the description of the inheritance,” written in the attached Form “the details of inheritance.”

In relation to the Defendant’s limitation of liability, the Defendant’s responsibility should be limited to 50% of the damage caused by the instant accident, including ① considering the following factors: “In addition to the evidence of the first instance court’s first instance court’s 7 through 9 (including the serial number) and the fact-finding on the president of K Hospital of the first instance court, the Defendant’s responsibility should be limited to the Defendant’s 50% of the damage caused by the instant accident, ② the first instance court’s 6th court’s 6th court’s 6th 6th 6th 6th 6th 11th 11th 2th 2nd 11.

[1] The Defendant’s limitation of liability : 50% : 22,301,884 won = 44,603,769 won = (i.e., treatment expenses of KRW 36,69,769 + 7,910,000) x 50% x 3) the Plaintiff’s property damages related to the funeral expenses of the Plaintiffs after limitation of liability (hereinafter “compensation damages”) : 1,071,42,857 x 50%) Plaintiff C and D: 714,285 won (=1,428,571 won x 50%) x 50%)

E. Mutual aid (1) Deposit: 20,000,000 won (2) The amount of damages on the deceased’s property after mutual aid: 2,301,884 won = 22,301.