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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. The reasoning of the judgment of the court of first instance concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal of “(b) and (d) within the scope of the liability for damages of April 1, 200,” and therefore, it is acceptable in accordance with the main text of Article 420 of the Civil Procedure Act. 2. 4. Amendment of “(b) and (d) within the scope of the liability for damages of April”
(b) Mutual aid amount: 100,000,000 won received as a liability insurance amount; and
(d) Inherited property related to inheritance: Inheritance amount of 282,069,760 won (i.e., actual income of 332,069,760 won - 100,000 consolation money of 50,000,000 won): 141,034,880 won (=282,069,760 won x 1/2)
3. According to the conclusion, the Defendant is obligated to pay to the Plaintiff the amount of KRW 151,034,880 (i.e., inheritance amount of KRW 141,034,880, 100,000) and damages for delay calculated by the rate of 5% per annum as stipulated in the Civil Act from September 24, 201, the date of the accident of this case until November 3, 2016, which is the date of the judgment of the court of first instance, to the day of full payment, to November 3, 2016, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.
Therefore, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. Since the part against the defendant who ordered payment in excess of the money recognized in the judgment of the court of first instance which delivered a different conclusion is unfair, it is revoked and the plaintiff's claim corresponding to the revoked part is dismissed. The defendant's remaining appeal is dismissed as it is without merit. It is so decided as per Disposition