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(영문) 서울고등법원 2016.09.13 2016나2033590
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall make a claim against the plaintiffs by the plaintiff in attached Form 1.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the following Paragraph 2, and therefore, it is identical to the reasoning of the judgment of the court of first instance. Thus, it is also acceptable by the main text of Article 420 of the Civil Procedure Act.

2. Parts in height:

A. From 14th to 20th of the judgment of the court of first instance, the following are followed:

2) On May 3, 2015, the deceased AG’s heir, the claim was succeeded by B, C, and D upon the death of May 3, 2015.

(1) On December 9, 2015, Plaintiff E, F, G, H, I, J, K, L and network AH’s heir, Plaintiff N,O, P, Q, AC, AD, AE, and AF, the heir of the network AH, filed a claim for criminal compensation based on the instant new judgment, and paid KRW 358,448,00 to the heir of the network AG as compensation for the network AG, AH and AJ, and KRW 320,727,60,60 to the deceased heir of the network AH, and KRW 24,61,600 to the deceased heir of the network AJ (Seoul High Court Decision 2014Da1092, Feb. 2, 2014).

From 11th to 12th to 14th to 12th to 11th to 12th to 11th to 12th to 12th to

3. Scope of liability for damages

A. In calculating consolation money due to a tort in the relevant legal doctrine, considering the situation 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., together with the situation on the part of the perpetrator, such as the victim's intentional intent and negligence, motive and cause of the harmful act, and the attitude of the perpetrator after the tort, together with the situation on the part of the perpetrator, conforms to the principle of fair liability for damages, such as fair burden of damage. The court may determine consolation money at its own discretion by taking into account such various circumstances (see, e.g., Supreme Court Decision 2007Da77149, Dec. 24, 2009). Meanwhile, in exceptional cases where delay damages for compensation liability due to a tort should be calculated from the date of closing argument at a fact-finding court.

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