Plaintiff 1 and one other (Law Firm Cheongn Law, Attorneys Hu-soo et al., Counsel for the plaintiff-appellant)

China International Aviation Corporation (Law Firm, Kim & Lee LLC, Attorneys Kim Byung-il, Counsel for the defendant-appellant)

December 17, 2009

Busan District Court Decision 2006Gahap12698 Decided June 17, 2009

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The judgment of the first instance shall be revoked. The defendant shall pay each of the plaintiffs 50 million won with 5% interest per annum from April 15, 2002 to the date of the original judgment and 20% interest per annum from the next day to the date of full payment (the plaintiffs have reduced part of their claim for damages for delay in the purport of appeal).

1. Quotation of judgment of the first instance;

The reasons for the court's explanation on this case are as follows: (a) only one of the bereaved families, etc. appealed to the Seoul High Court Decision 2006Na49217 decided Dec. 24, 2009 (Seoul High Court Decision 2008Da3619). The Supreme Court decided that "the court below's calculation of consolation money is clearly contrary to the ideology of fair sharing of damages and the principle of equity by calculating consolation money without considering special circumstances in aircraft accidents, such as that there is no fault of passengers, and the result of the accident is harsh, and thus, it goes beyond the limits of discretion under its authority by remarkably violating the principle of fair sharing of damages and the principle of equity." (b) The court below reversed and remanded the part against bereaved families, etc. of the court below's judgment 2007Da7149 decided Dec. 24, 2009, and dismissed the remaining appeal including consolation money to the Busan High Court Decision 2007Da7149 decided Feb. 25, 2007.

2. Conclusion

Therefore, the judgment of the first instance court is justified, and all appeals by the plaintiffs are dismissed as it is without merit. It is so decided as per Disposition.

Judge Han-chul (Presiding Judge)