손해배상(기)
1. All remaining plaintiffs' appeals except the plaintiff H and the defendant's appeals are dismissed.
2. The appeal costs.
1. The grounds for a judgment of the first instance shall be quoted for this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance;
However, since both the plaintiffs and the defendant except the plaintiff H dispute over the consolation money that the defendant should pay to the plaintiffs, the judgment on this issue shall be added as follows.
2. In the event that the plaintiffs' compensation for consolation money for tort is calculated, the circumstances on the part of the victim, such as the victim's age, occupation, social status, property and living conditions, degree of suffering from damage, degree of negligence of the victim, etc., as well as the circumstances on the part of the perpetrator, such as the degree of the perpetrator's intentional intent or negligence, motive and cause of the harmful act, and attitude of the perpetrator after the tort, shall also be considered together in accordance with the principle of fair liability
(see, e.g., Supreme Court Decision 2013Da209831, Feb. 27, 2014). In addition, in cases where a serious violation of human rights was committed by public officials as seen in the instant case, the necessity, etc. to restrain and prevent recurrence of similar cases should also be considered as an important reason in calculating consolation money.
(See Supreme Court Decision 201Da38325 Decided March 29, 2012 (see, e.g., Supreme Court Decision 2011Da38325, Mar. 29, 201). Comprehensively taking into account the reasons and developments leading up to the illegal arrest and detention of Plaintiff A and B, the details and degree of damage inflicted on the Plaintiffs and their families, the passage after the case was committed against Plaintiff A and their families, and all the circumstances revealed in the arguments of this case, such as family relationship, etc., the first instance court rendered a judgment against Plaintiff A, who is the wife of Plaintiff A, KRW 60 million and children, Plaintiff I, J, K, L, M, N,O, P, Q, and R, each of the 5 million won and 5 million won for Plaintiff B, 200,000,000 won for Plaintiff A, 30,000,000 won and 5,000,00 won for each of the children and children of Plaintiff A, AE, 5, and 5,00,0,0.