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(영문) 광주지방법원 2018.05.30 2017가단526515
손해배상(산)
Text

1. The Defendant: KRW 13,00,00 for Plaintiff A; KRW 6,166,666 for each of the remaining Plaintiffs; and each of them on September 21, 2017.

Reasons

1. The facts stated in the separate sheet on the occurrence of liability for damages do not conflict between the parties, so the defendant is liable to compensate the plaintiffs for the damages suffered by the deceased and the plaintiffs due to the accident of this case

2. Scope of liability for damages

A. Although the deceased himself/herself must anticipate the risk of falling and take measures to prevent it, it appears that he/she failed to perform his/her duty of self-safety as above, and that the damage was also expanded. The defendant appears to have performed the above work in order to promote the income or welfare of residents in rural areas; the plaintiffs received reasonable insurance benefits from the Korea Labor Welfare Corporation; other than the defendant's negligence; the deceased's age and health status; and the relation with the plaintiffs, all the circumstances shown in the arguments of this case are considered.

Accordingly, the consolation money of the deceased shall be 35,00,000 won, the consolation money of the plaintiff A shall be 6,000,000 won, and the rest of the plaintiffs shall be 1,50,000 won, respectively.

B. If the deceased’s 35,000,000 won of consolation money, which is an inheritance-related inheritance, is calculated by dividing it by inheritance shares of the plaintiffs, the plaintiff A, who is the spouse of the deceased, succeeds to 4,66,666 won (=35,000,000 won x 3/15), and the remaining plaintiffs, who are children, succeed to 4,66,666 won (=35,00,000 won x 3/15,000 won x 3/15,00 won).

C. If so, the amount of the Defendant’s liability to compensate the Plaintiff A is calculated as KRW 13,00,000 (i.e., consolation money of KRW 7,00,000 inherited from the Deceased’s 6,00,000,000), and the amount of compensation to the remainder of the Plaintiffs is calculated as KRW 6,166,666, respectively (i.e., consolation money of KRW 1,50,000 which is inherited from the Deceased’s 4,66,6666,666), which is ultimately, the Defendant calculated as damages to the Plaintiff’s 13,00,000 and KRW 6,166,666, respectively, and the scope of the Defendant’s obligation to compensate for each of them from September 21, 2017 to September 21, 2017.

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