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(영문) 의정부지방법원 2017.01.26 2016가합56202

손해배상(기)

Text

1. As to the Plaintiff A’s KRW 350,00,000, and KRW 30,000,000 for each of the said money and each of the said money to Plaintiff B and C, respectively. < Amended by Act No. 13583, Dec. 21, 2015>

Reasons

1. Indication of claim;

A. The status of the parties A is the friendship of the Defendant’s spouse and the deceased E (hereinafter “the deceased”), and the Plaintiff B and C are siblings of the deceased, and the Defendant is the friendship of the deceased.

B. On December 21, 2015, the Defendant’s illegal act: (a) died of the deceased’s trees at the Defendant’s house located in F on December 21, 2015 by stroke pressure.

(hereinafter “instant tort.” On May 26, 2016, the Defendant was sentenced to imprisonment with prison labor for 15 years for the criminal facts of murdering the deceased. The Defendant appealed against the said judgment, but the appeal was dismissed on October 14, 2016 (Seoul High Court 2016No1647), and the said judgment became final and conclusive on October 22, 2016.

C. The amount of damages that the defendant should pay to the plaintiffs for the tort of this case is as follows.

Plaintiff

A 350,000,000 won (=200,000,000 won) 100,000,000 won - [200,000,000 won 50,000,000 won] 200,000,000 won [the Defendant’s claim for part of the amount of property damage (the lost income due to the identification type) of the Deceased’s property damage (the lost income) caused by the tort of this case 305,913,236, the Plaintiff’s sole inheritance] - 100,000,000 won (the deceased’s sole inheritance, the solatium for the deceased’s sole inheritance), - 50,000,00 won (the solatium for the Plaintiff’s 30,000,000,00 won for each of the damages against the Plaintiff B and C (the damages against the Plaintiff B and C).

D. Accordingly, according to the conclusion, the Defendant is obligated to pay to the Plaintiff A 350,00,000,000 won for each of the above 30,000,000 won and each of the above amounts to the Plaintiff B and C, at the rate of 15% per annum from December 21, 2015, which is the Defendant’s tort day to the day of full payment.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;

3. Part of the dismissal of Plaintiff A: (a) with respect to KRW 350,00,00, KRW 30,000, KRW 30,000, KRW B, and KRW 30,000, respectively, the date on which a copy of the complaint of this case was served on the Defendant from December 21, 2015, the date on which the copy of the complaint of this case was served on the Defendant. < Amended by Presidential Decree