Main Issues
Claim for consolation money of relatives other than relatives prescribed in Article 752 of the Civil Code
Summary of Judgment
In the case of infringement of life under this article, the claimant for consolation money may claim consolation money pursuant to this article only because it is not a restrictive provision, but a provision to reduce the burden of proof of mental suffering.
[Reference Provisions]
Article 752 of the Civil Act
Reference Cases
Supreme Court Decision 66Da1592 Delivered on October 31, 1963
Plaintiff-Appellee
Plaintiff 1 and one other
Defendant-Appellant
Korea
Judgment of the lower court
Seoul High Court Decision 67Na373 delivered on May 12, 1967, Seoul High Court Decision 67Na373 delivered on May 12, 1967
Text
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
Defendant Litigation Performers’s Grounds of Appeal Nos. 1 and 2
According to the facts acknowledged by the court below, the non-party 1 and the non-party 2 were aware of the non-party 2's life before he was the victim's non-party 2, and the non-party 1 knew the non-party 2 at the restaurant, despite the fact that the non-party 2 knew the non-party 2, the non-party 1 and the non-party 2 suffered from the non-party 2's death, the non-party 1 and the non-party 2 suffered from the non-party 2's death, the non-party 1 and the non-party 2 suffered from the non-party 2's death, and the non-party 5's non-party 1 and the non-party 2 suffered from the non-party 2's death, the non-party 1 and the non-party 2's non-party 6's non-party 1 and the non-party 3's non-party 2's non-party 1 and the non-party 5's non-party 2's mental suffering.
Therefore, the argument that is premised on the above opposing opinion can not be adopted or any one, and it is so decided as per Disposition with the assent of all participating judges.
Supreme Court Judge Lee Young-su (Presiding Judge) (Presiding Judge) and Lee Dong-dong Gyeong-dong