손해배상(산)
1.The judgment of the first instance shall be modified as follows:
The Defendants jointly share the Plaintiff KRW 99,447,064 and 36.
1. In the first instance trial, the Plaintiff claimed damages of KRW 128,144,156 and KRW 158,144,156 for the Defendants’ passive property (actual income) and KRW 30,287,00,000 for consolation money, and KRW 158,14,156. The court of first instance recognized the Plaintiff’s lost income as KRW 43,287,084, and KRW 16,500,00 for consolation money, and dismissed the Plaintiff’s claim for damages of KRW 23,563,70 for a set-off against the Defendants’ claims for restitution of unjust enrichment amounting to KRW 23,23,376 (=actual income amounting to KRW 43,287,00 for consolation money amounting to KRW 16,50,00 for consolation money amounting to KRW 23,563,70) and damages for delay.
On the other hand, the plaintiff appealed against the plaintiff as to the claim for passive property damage, and the judgment of the court of first instance changed the judgment by citing the plaintiff's lost income as 128,623,056 won and 121,559,348 won in total (i.e., lost income of 128,623,056 won - 16,50,000 consolation money - 23,563,708 won) and damages for delay.
As to this, the Defendants appealed to the part against the Defendants in excess of KRW 36,223,376 of the judgment before remanding the case, and the Supreme Court reversed and remanded the part against the Defendants in the judgment before remanding the case.
Therefore, the scope of this court's trial is limited to the passive property damage claim of KRW 121,559,348 against the Defendants of the Plaintiff recognized by the court prior to remand.
2. The reasoning of this court concerning this part of the basic facts is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except where the “F” of the Decision No. 2, No. 15, and No. 16 of the Judgment No. 2, No. 2, 15, and No. 16 is deemed as “D”.
3. As to this part of the liability for damages.