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(영문) 서울중앙지방법원 2020.02.06 2019나46642

손해배상(자)

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

Reasons

1. The reasons for this part of the claim for damages are as stated in the corresponding part of the judgment of the court of first instance, except that the portion of “70%” in the three pages is deemed to be “80%”, and thus, this part shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Funeral expenses within the scope of liability for damages: The following facts are considered: (a) funeral expenses of the deceased: (b) KRW 1,00,000 (=1,250,000 x 80%) in consideration of the circumstances indicated in the arguments in the instant case, such as the background of the case, the deceased’s age and degree of negligence, and the Plaintiffs’ personal relations, etc.; and (c) the amount of damages of KRW 60,000,000 paid by the Defendant from among the first aid expenses of KRW 2,363,640, the amount of KRW 472,728 (Deduction from the deceased’s losses in light of their nature) equivalent to 20% of the comparative negligence ratio of the deceased’s damages; (d) the amount of damages of KRW 59,527,272 (Deduction from the deceased’s losses) (=60,000-2,363,640) in consideration of their respective characteristics); and (e) the Plaintiffs’ respective share of damages of the Plaintiffs’ respective damages.

3. According to the conclusion, with respect to the plaintiffs' 20,881,818 won (=14,881,818 won +6,000,000 won) and 19,875,000 won respectively cited by the court below after the date of the accident in this case, the defendant shall pay 5% per annum under the Civil Act from January 13, 2018 to July 17, 2019, which is the date of the judgment of the court of first instance where it is deemed reasonable to dispute over the scope and degree of the obligation of performance, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment; 1,006,818 won cited additionally by the court of first instance to the date of full payment; 20% per annum from the day after January 13, 2018 to the date of full payment; and 20% per annum from the above judgment below to the date of second instance.