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(영문) 대전지법 홍성지원 1984. 5. 3. 선고 84가합8 민사부판결 : 확정
[손해배상등청구사건][하집1984(2),208]
Main Issues

1. Maximum working age of a multi-mortem;

2. Inheritance right of a person out of wedlock;

Summary of Judgment

1. The so-called multi-faceted fence may normally be engaged until the end of 38 years of age.

2. A person who is born between a woman and an unmarried woman on the mother’s name and the mother’s name and the mother’s mother’s name, and thereafter, was married to the present husband and registered on the family register as if they were born between them for convenience, barring special circumstances, there is no parent-child relationship on the family register, barring special circumstances, and there is no parent-child relationship between the father and the unmarried woman on the mother’s name and the mother’s name, so the right to claim damages

[Reference Provisions]

Articles 750, 855, 100, and 1014 of the Civil Act

Reference Cases

November 27, 1979, Supreme Court Decision 79Da1332, 1333 Decided November 27, 1979 (Baly Article 750 (41) of the Civil Act, Article 750 (41) 64 of the Civil Act, Canada 12280 No. 625, 12404, 1009 (1) 74 of the same Act)

Plaintiff

Plaintiff 1 and four others

Defendant

Hyundai Transport Co., Ltd.

Text

1. The defendant shall pay to the plaintiff 1 the amount of 45,726,035 won and the amount at the rate of 5 percent per annum from December 19, 1983 to the date of full payment.

2. The remaining claims of plaintiffs 1 and the claims of plaintiffs 2, 3, 4, and 5 are dismissed, respectively.

3. Of the costs of lawsuit, the costs incurred between the plaintiff 1 and the defendant shall be ten minutes, while the remaining costs shall be borne by the defendant, and the remaining one by the same plaintiff, respectively, and the costs incurred between the plaintiff 2, 3, 4, 5 and the defendant shall be borne by the same plaintiff.

4. Provisional execution shall be limited to 2/3 of the amount under paragraph (1).

Purport of claim

The defendant shall pay to the plaintiff 1 an amount equivalent to 49,318,918 won, 2, 3, 4, and 5 with an annual rate of 5% from December 19, 1983 to the date of full payment.

The judgment that the lawsuit costs shall be borne by the defendant and provisional execution declaration

Reasons

1. Occurrence of liability for damages;

Around 15:40 on December 18, 1983, Non-party 1, a driver of the Lynish (vehicle No. 1 omitted) to which the defendant company belongs, discovered (vehicle No. 2 omitted) bus going from the opposite direction to the speed of about 30 degrees on the national highway No. 21 on the west-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, the left-hand turn-hand turn-hand turn-hand turn-hand turn-hand side on the national highway No. 21 on the national highway No. 15:40 on December 18, 1983, and found the (vehicle No. 2 omitted) bus going from the opposite direction to the speed of about 70 meters on the non-party 1, a driver of the Lyn taxi of the defendant company, who moved in the central line while driving the above bus and was in conflict with the above bus, and barring any special circumstance, the defendant is liable for damages caused by the accident under the Guarantee of Automobile Accident Compensation Act.

2. Scope of liability for damages

(a) Property damage;

(1) Loss caused by the lost non-party 2's expected loss

In light of the contents of Gap evidence Nos. 1 (No. 1), 3-1, 2 (Korea Statistics EM marks and contents), 1, 2-1, and 6-1, and 6 (Income Tax Payment Certificate), and Gap evidence No. 10 (Labor Contract Agreements) which are acknowledged to have been genuine by the witness's testimony, and the purport of the pleading in the testimony of the above witness as of October 7, 1960, the deceased non-party No. 2 was the physically healthy woman remaining 23 years and 2 years old at the time of the accident, and the average remaining life of the female of the Republic of Korea is 54 years, and the deceased is also expected to continue to exist until the age of 77 years, and the non-party No. 2 was unable to reach the age of 15 days until the date of the accident, and the testimony of the above witness No. 30-day E. 1, 300-day average wage of the above-mentioned woman No. 980-day.

According to the above facts, Non-party 2 had no accident in this case, 376,67 won calculated by deducting 13,333 won from 390,00 won per month the plaintiffs' legal representative from 390,000 won during 189 months from the accident that occurred to 389 years of age (less than 16,615 won x 25), and 165,375 won per month until the plaintiffs' legal representative reaches 55 years of age. Thus, non-party 2 would have suffered 167,570 won per month after deducting 13,3333 won from 376,67 won per month, 196, 295 won per month from 376,67 won per month, and 1965 won per month from 376,67 won to 375 won per month, and 15,515 won per month from 196,515 won per month.

(2) Inheritance relationship

In full view of the purport of the pleading in the above evidence No. 1, No. 1, No. 2, and No. 2 (No. 2), which have no dispute over the establishment, the deceased non-party 2 was registered as a father of the family register, and as the plaintiff 1 was born between him and his mother of the plaintiff 1, but in fact, the plaintiff 1 entered into a relationship with the non-party 3 on his name before the marriage with the non-party 3, and there is no parental relation with the non-party 2, 3, 4, 5, and there is no relationship with the plaintiff 2, 3, 4, and 5. However, the plaintiff 1 did not become the father of the non-party 2 and the non-party 2 became nonexistent on the family register due to the non-party 2's failure to become the non-party 2, the fact that the non-party 2 was recorded on the family register as above by reporting the non-party 3 as his father, and the non-party 2 cannot be acknowledged otherwise.

Thus, the non-party 3 cannot be called the non-party 2's father unless there are special circumstances, and the non-party 3 does not have the parent-child relationship with the non-party 2 unless the non-party 2 is aware of the non-party 2. Thus, the non-party 2 does not have the parent-child relationship. Thus, the non-party 1, who is his mother, is the non-party 2's heir of the non-party 2. Thus, the defendant is liable to pay 44,726,035 won of property damage of the above recognition.

(b) consolation money;

(1) The consolation money of Plaintiff 1

Since the deceased non-party 2 suffers a considerable mental suffering due to the death of the accident in this case, the defendant is obligated to do so in money, and the defendant is obligated to do so. The health care unit, the circumstances and results of the accident in this case, the age of the plaintiff and the deceased, family relations, property status, and other various circumstances shown in the pleadings such as the plaintiff and the above deceased, it is reasonable to pay 1,00,000 won as consolation money to the plaintiff 1.

(2) The consolation money of plaintiffs 2, 3, 4, and 5

The plaintiffs' legal representative asserted that the above plaintiffs as the deceased non-party 2's siblings and saves were suffering from severe mental pain due to the death of the above deceased, so in order to do so, the defendant is obligated to pay 1,000,000 won each of the above plaintiffs to the above plaintiffs. Thus, the above plaintiffs' punishments and saves are acknowledged as follows: there is no evidence to acknowledge that the above plaintiffs were suffering from mental pain due to the death of the deceased non-party 2's relative as a relative of the above plaintiffs 2, 3, 4, and 5, and there is no need to examine further.

(c) Defense of repayment;

The damages to be paid by the defendant to the plaintiff 1 shall be KRW 45,726,035, including the inheritance fees of the above recognition and KRW 1,000,000,000.

However, the defendant's attorney argues that since the defendant paid 400,000 won as part of the damages in this case, it should be deducted from the above damages, the defendant's defense is groundless, since the defendant's statement of No. 3 (provisional payment claim) that did not dispute over the establishment is acknowledged as funeral expenses against the deceased non-party 2, and there is no counter-proof. Thus, the defendant's defense is groundless since the above amount of 400,000 won should be deducted from the damages in this case's damages for which funeral expenses are not claimed.

3. Conclusion

Therefore, the defendant is obligated to pay to the plaintiff 1 the damages for the above recognition at the rate of 5% per annum from December 19, 1983, the day following the date of the accident of this case to the date of full payment. Thus, the plaintiff 1's claim of this case is justified within the above recognition scope and it is dismissed as the remainder is without merit. The claims of the plaintiff 2, 3, 4, and 5 are dismissed as all without merit, and each of them is dismissed, and it is so decided as per Disposition by the application of Article 89 and Article 92 of the Civil Procedure Act, Article 6 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Article 199 (1) of the Civil Procedure Act, Article 199 (1) of the Civil Procedure Act, and Article 199 (1) of the Civil Procedure Act.

Judges Lee Jae-sik (Presiding Judge)

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