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(영문) 부산지방법원 2020.11.13 2020나44411
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

Reasons

1. The court's explanation on this part of the claim for damages is the same as the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Scope of liability for damages

A. Inasmuch as it is determined that two openings were necessary for 94 days from December 14, 2015 to March 17, 2016 (the deceased had already been in a state of need for opening as a class 3 of long-term care even before entering a video, and actually received openings, it is deemed that additional two openings were required due to the instant accident), and the unit price of the first half-term ordinary wages in 2016 shall be calculated as follows.

94,338 won x 94 days = 94 days = 17,735,544 won 】 17,735,544 won x 0.2 (Liability Ratio of Defendants) x 3,547,108 won (teach below the won; hereinafter the same shall apply)

(b) Funeral expenses (Plaintiff A) 3,000,000 won ¡¿ 0.2 (Liability ratio of the defendants) = 600,000 won;

C. Determination of consolation money shall be made as follows, taking into account the following circumstances, such as the deceased’s age, king, background of the accident, and the ratio of the Defendants’ liability.

Deceased 6,000,000 won, each of the plaintiffs 1,000,000 won

D. The deceased’s damages amounting to KRW 9,547,108 (i.e., care expenses of KRW 3,547,108) is calculated according to the Plaintiffs’ share of inheritance, as follows.

Plaintiff

B 3,182,369 won (=9,547,108 won x 3/9) Plaintiff A, C, and D 2,121,579 won (=9,547,108 won x 2/9)

E. Therefore, the Defendants jointly share KRW 3,721,579 for Plaintiff A (i.e., KRW 600,00 for funeral expenses of KRW 600,00 for funeral expenses of KRW 2,121,579 for inheritance), and KRW 4,182,369 for Plaintiff B (i.e., KRW 3,182,369 for inheritance) (i., KRW 1,000 for consolation money of KRW 1,00,000 for inheritance), and KRW 3,121,579 for Plaintiff C and D for each of the above amounts (i.e., KRW 2,554,912 for inheritance and KRW 2,682,369 for Plaintiff B, and KRW 1,954,912 for each of the above amounts), and there is reasonable grounds for the Defendants to have determined the deceased’s duty to perform within the scope of 20 days from the date of death of the deceased until 2016.

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