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1. The Defendant: KRW 32,146,314; KRW 32,146,189; KRW 10,000; and KRW 10,00,00 for Plaintiff F, respectively.
Reasons
1. Basic facts
A. The plaintiff A is the deceased's wife, and the plaintiff B, D, and E are the deceased's children, and the plaintiff F is the mother of the deceased.
B. The Defendant was residing in Dobong-gu Seoul Metropolitan Government I Apartment and 404 Dong 1206, and on May 17, 2014, the Deceased visited the Plaintiff F’s house residing on the upper floor of the Defendant’s house in order to remove his father’s death.
다. 망인은 같은 날 윗층에서 쿵쿵거리며 시끄럽게 한다는 이유로 항의를 하러 온 피고와 말다툼을 하게 되었고, 화가 난 피고는 아래 층에 있는 피고의 집으로 내려가 주방에 있던 식칼을 들고 올라와서, 이에 대항하기 위하여 방화문에 괴어 있던 벽돌을 들고 있던 망인과 몸싸움을 하다가 식칼로 망인의 왼쪽 복부 및 왼쪽 등을 각각 1회 찔러 망인을 그 자리에서 사망하게 하였다
(hereinafter “instant tort”). D.
On October 31, 2014, the Defendant was sentenced to 15 years of imprisonment for the crime of murdering the Deceased. On March 26, 2015, the appellate court sentenced 10 years of imprisonment (Seoul High Court 2014No3518), and on April 3, 2015, the said judgment became final and conclusive.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, Eul evidence 4 (including each number), the purport of the whole pleadings
2. According to the facts of recognition as above, the Defendant, as it killed the Deceased, was obligated to compensate for the Deceased’s loss pursuant to Article 750 of the Civil Act, and the Deceased’s claim for damages was comprehensively succeeded to the Plaintiff A, B, D, and E, who is the inheritor.
In addition, the defendant is also liable for the mental damage suffered by the plaintiffs pursuant to Article 752 of the Civil Code.
The defendant argued that the defendant's liability should be limited or that the deceased's negligence should be offset because the tort of this case occurred due to noise between the deceased's family members, and the defendant also sustained an injury in the process.