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(영문) 서울중앙지방법원 2021.02.04 2020나55680
손해배상(자)
Text

1. Of the part against the defendant in the judgment of the first instance, the plaintiffs' failure to pay the following amounts.

Reasons

1. The argument between the plaintiffs and the defendant in the judgment of the court of first instance is just even if the evidence submitted was reviewed in a comprehensive manner without being significantly different from the argument in the court of first instance, the judgment of the court of first instance is just.

Therefore, the reasoning for this Court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance except for the dismissal of the 12-party “C” part of the judgment of the first instance as follows. Therefore, this Court’s explanation is acceptable in accordance with the main text of Article 420 of the Civil Procedure Act.

(c) the Act;

Therefore, according to the theory of the lawsuit, as to the plaintiff A's 20,866,278 won (=the inheritance amount of KRW 11,532,945, funeral expenses of KRW 333,333,00,00, which is unique consolation money of KRW 9,000,000, 1/300 x less than KRW 1/3,000; hereinafter the same shall apply) and the 20,532,945, which is cited in the first instance court among them, it is reasonable to dispute the existence or scope of the defendant's obligation from October 29, 2018, which is the date of the accident in this case.

5% per annum prescribed by the Civil Act until July 24, 2020, which is recognized as the date of the first instance judgment, until July 24, 2020; 12% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment; 33,33 won additionally admitted in the trial; 5% per annum from October 29, 2018 to February 4, 2021; 12,521,963 won per annum from the next day to the date of full payment; 30% per annum from the next day to the third day to the 20th day of full payment; 33,33333,00 won per annum; 20% per annum from the next day to the 20th day to the 3th day of full payment; 31% per annum from the 20th day to the 3th day of 20th day to the 3th day of 218th day to the 20th day respectively;

Act

2. In conclusion, the plaintiffs' claims are partially accepted within the above scope of recognition.

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