손해배상(기)
1. The defendant,
A. 60,00,000 won to Plaintiff A and 5% per annum from April 27, 2018 to January 28, 2019, respectively.
1. The following facts are recognized by comprehensively considering the purport of the entire pleadings in each entry in Gap evidence 1, 5, and 6 (including family identification cards with serial numbers):
A. On April 27, 2018, the Defendant: (a) concluded a contract to jointly take over a health club in Daejeon with a network E (hereinafter “the deceased”) who was a member of his/her health club around the new wall; (b) used a siren and used a siren to take advantage of the Defendant’s mother, carried the deceased’s back to a G cemetery located in Seocheon-si F where his/her mother is live in childbed; (c) killed the deceased with his/her back head; and (d) caused KRW 20 million to death of the deceased; (d) moved the deceased’s body to a remote place; and (e) put the deceased’s body into the ground and covered it with soil.
B. The Defendant was prosecuted for robbery and abandonment of the deceased’s body, and was sentenced to imprisonment for life on November 23, 2018 from the first instance court (Seoul Northern District Court 2018 Gohap209) to November 23, 2018. The appeal by the Defendant and the Prosecutor was dismissed at the appellate court (Seoul High Court 2018No331). The above criminal case is pending in the Supreme Court as the Defendant’s final appeal at the time of the closure of the argument in this case.
C. The Plaintiff A is the mother of the Deceased, and the Plaintiff B and C are the members of the Deceased.
2. According to the above facts, it is reasonable to view that the defendant committed a tort by intentionally killing the deceased and abandoning the deceased's body in the course of taking the deceased's property by force. Accordingly, it is obvious in light of the rule of experience that the plaintiffs, who are the bereaved family members of the deceased, suffered serious mental distress, and therefore, the defendant is obliged to inflict monetary injury on the plaintiffs.
Furthermore, as to the amount of consolation money that the Defendant is liable for compensation, the aforementioned evidence and the purport of the entire pleadings are as follows: the motive and method of the specific murder, the circumstances after the murder, the mutual relationship between the Defendant, the deceased, and their bereaved family members, and the degree of the original or original appraisal.