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(영문) 부산지방법원 2019.05.15 2018나59304
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Plaintiff’s assertion

The Plaintiff filed a claim against the Defendant for the payment of KRW 826,910,00 for each week, as the Plaintiff’s father D received hospitalized treatment for one week due to the Defendant’s unlawful act committed by C, who is an employee of the Defendant, and the Plaintiff also sustained D during that period, requiring a opening name, and thus, the Plaintiff also sustained D (i.e., the Plaintiff’s opening cost (i., e., KRW 118,130 x 7 days) and KRW 1,326,910 for a total of KRW 1,326,910 for each week

Judgment

In light of the facts and the purport of Gap's evidence Nos. 3 through 6 and the whole arguments, D was found to have been subject to some winnings of 5,702,684 won in total, including medical expenses and consolation money, etc. on September 14, 2017, while crossing the first line road of the F funeral hall Part of the F Funeral hall located in Busan-gu, Busan-gu, the 2015.3. 26. 2018. 4. 207. 27. 5. 2018. 207. 207. 207. 207. 207. 207. 8. 2015. 207. 207.

However, in light of the following circumstances revealed by evidence Nos. 1 and 2 (including paper numbers), the Plaintiff’s mother’s claim against the Defendant for the care expenses and consolation money of D with the Busan District Court Branch 2017Gaso25464, and the Plaintiff’s judgment was rendered against the Defendant on May 30, 2018 on the grounds that it is difficult to recognize separate mental damage without the need for opening, and that the judgment became final and conclusive at that time, and that the Plaintiff filed the instant lawsuit with the same cause of claim, it is difficult to deem that the Plaintiff incurred care expenses for D, as alleged by the Plaintiff, and that the Plaintiff suffered a separate mental damage due to the instant accident is insufficient to recognize that the Plaintiff sustained a separate mental damage.

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