손해배상(자)
The judgment of the court of first instance against the defendant exceeding the amount ordered to be paid below among the part against the plaintiff A.
1. The grounds for this part of the court’s liability for damages are as follows: “(b) limitation on liability” under Section 4 of the 5th judgment of the first instance.
Except for the restriction on liability, it is identical to the entry of the relevant part of the judgment of the court of first instance on the grounds of the judgment, and thus, it is acceptable to accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Except as otherwise stated below within the scope of the liability for damages, the amount of damages shall be the same as each corresponding item in the calculation table of the amount of damages, and the amount of less than KRW 1 shall be discarded.
In addition, it is the purport of rejecting the claims of the parties, which are not stated separately.
【Unfounded Grounds for Recognition】 The statements and images of Gap’s evidence Nos. 3 through 8, Eul’s evidence Nos. 1 and 14 (including branch numbers, if any), a significant fact in this court, and the purport of the whole pleadings
(a) Personal information of the deceased: To be stated in the column for “basic matters” in the attached Form No. 1 for calculating the amount of compensation for damage.
(b) Funeral expenses: 5,00,000 won ( Plaintiff A’s expenditure).
C. Limitation of liability: 24% of the defendant's liability ratio.
D. Consideration 1) Reasons for consolation money: The defendant's ratio of responsibility, such as the background of the instant case, the age and degree of negligence of the deceased, and all circumstances shown in the pleadings of the instant case including the relation between the plaintiffs and the deceased: 22,00,000 won (B) plaintiff A: 5,000,000 won) plaintiff B, C, D, and E: 3,000,000 won, respectively.
(e) Inheritance relation 1: 22,00,000 won (2): 6,00,000 won (=22,00,000 won x 2/11) for Plaintiff A (3/11, 22,000 won) for Plaintiff A: 6,00,000 won (=22,00,000 won x 3/11) for Plaintiff B, C, D, E: 4,00,000 won for each of them (=22,00,000 won x 2/11)
F. Set-off KRW 12,200,000 for Plaintiff A’s damage claim (i.e., funeral expenses of KRW 6,200,000 for funeral expenses of KRW 1,200,000 for funeral expenses of KRW 5,000 for funeral expenses of KRW 1,175,500 for the Defendant’s medical expenses of KRW 1,175,50 for medical expenses of KRW 893,380 for the Plaintiff’s damage claim of KRW 1,175,50 for the deceased’s negligence and for the portion corresponding to the degree of contribution to the war, and KRW 893,380 for the return of unjust benefit (=1,175,50 for the