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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
The defendant.
Reasons
1. The amount of solatium 6,00,000, recognized in the first instance court’s summary of the grounds for appeal, should be increased to KRW 15,000,000.
2. The grounds for the judgment of this court citing the judgment of the first instance shall be that of the judgment of the first instance;
B. The scope of the liability for damages is as stated in the reasoning of the judgment of the first instance except for the following changes, thereby citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.
3. Dried parts -
B. Taking account of various circumstances revealed in the pleadings of the instant case, such as the content, degree and period of the unlawful act committed by the Defendant and C, the impact of the said improper act on the Plaintiff’s marital relations, the marriage period between the Plaintiff and C, and the Plaintiff’s child, etc., such as the Plaintiff’s child’s child was under navigational cancer treatment, etc., the amount of consolation money that the Defendant is liable to compensate the Plaintiff shall be set at KRW 10,00,000.
Therefore, with respect to consolation money of KRW 10,000 and KRW 6,000,00, which is recognized by the first instance court among them, the Defendant is obligated to pay damages for delay calculated at the rate of 5% per annum under the Civil Act from May 26, 2016 to October 12, 2016, which is the date following the delivery date of the complaint, as requested by the Plaintiff, which is appropriate for the Defendant to dispute over the existence and scope of the obligation, as to the Plaintiff, as to the existence and scope of the obligation, and 4,000,000 additionally recognized from the next day to the date of full payment, as to the damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from May 26, 2016 to the date of full payment, to the Plaintiff.
4. The plaintiff's claim is legitimate within the scope of the above recognition, and the remaining claims are dismissed, and the part against the plaintiff which partially different conclusions in the judgment of the court of first instance is unfair.