(영문) 서울중앙지방법원 2020.7.7. 선고 2016가단5235506 판결

1. The Defendants jointly pay to the Plaintiffs 21,00,000 won and each of the above amounts to the Plaintiff from November 3, 2001 to the Plaintiff; 5% per annum from June 18, 2000 to May 23, 2019 to the Plaintiff B; and 12% per annum from the next day to the day of full payment to the day of full payment.

2. The costs of lawsuit are assessed against the Defendants.

3. Paragraph 1 can be provisionally executed.

Purport of claim

(Partial Claim) as set forth in the Disposition.

Reasons

1. Indication of claim;

The plaintiffs suffered physical and mental suffering from a tort, such as a tort as stated in the grounds for supplement and normative basis for the claim in the attached Form D, E, which is a non-corporate association under the Civil Act (the preparatory documents of April 1, 2020) and the changed grounds for the claim. As for the defendant Joseon Democratic People's Republic, it is the responsibility under Article 35 (1) of the Civil Act applied mutatis mutandis to non-corporate associations, and as for the defendant C, it is the heir of D and E, who is a tort, seeking the payment of consolation money as stated in the purport of claim.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. The amount of consolation money.

In full view of the period of tort, the contents of tort, and the degree of suffering suffered by the plaintiffs, it is reasonable to view that the entire amount of consolation money is KRW 600 million claimed by the plaintiffs.

Judges

Judges Kim Young-young

Attached Form

A person shall be appointed.

참조조문

-민법

-민법 제35조 제1항

-민사소송법 제208조 제3항 제3호

유사 판례

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