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(영문) 서울고등법원 2015.07.10 2014나45098

손해배상

Text

1. Of the judgment of the first instance court, the part of the Plaintiff’s claim against Defendant C and Defendant D is modified as follows.

Reasons

The reasons why this Court, which cited the judgment of the court of first instance, has been used for this case, is to delete the part of the judgment on the claim of the co-Plaintiff B of the court of first instance, and to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for dismissal or addition of each corresponding part as follows.

Each "Plaintiff A" shall be deemed to be "Plaintiff", and each "Plaintiff" shall be deemed to be "Plaintiff".

In the third part of the judgment of the first instance court, "I have known" in the 16th part of the judgment of the first instance, and next, " May 6, 2013" shall be added.

From the fourth part of the judgment of the court of first instance, the term “assumed” was read as “assumed, the plaintiff appealed and then the court of appeal is in progress.”

From 5th to 6th to 5th to 5th to 5th to 6th to 7th to 5th to 7th to 5th to 7

“5) Ultimately, the Deceased is obligated to pay consolation money of KRW 150,000 to the Plaintiff, Defendant C, and Defendant D, respectively, to pay consolation money of KRW 100,000 to the Plaintiff who solely inherited the Deceased’s right to consolation money, and Defendant D, to pay consolation money of KRW 50,000,000,00,00 to the Defendants and the designated parties E.

6) Meanwhile, from November 201, when the Plaintiff was married between the deceased and the Defendant C, the Plaintiff suffered serious mental pain due to the demand for insult, intimidation, or excessive confluence from the Defendant C and the Selection E during the time of the deceased’s death. As a solatium for the above mental pain, the Plaintiff sought payment of KRW 50 million to the Defendant C, and KRW 30,000,000,000,00 from the first instance judgment of the court of first instance, “The amount shall be KRW 35,00,000,000” and KRW 5,00,000,000 out of the above amount shall be determined respectively.

The plaintiff asserts that the circumstance that the defendant C did not pay approximately KRW 285 million to the plaintiff shall also be reflected in the amount of consolation money, but the defendant C shall be reflected in the amount of consolation money.