Whether the expenses of stone in a tombstone are ordinary damages.

Expenses incurred in installing stone in a tomb shall be special damage, which goes beyond the reasonable extent required for ordinary funerals.

Article 750 of the Civil Act

Plaintiff 1 and three others

Yeero Transport Corporation

Seoul District Court Southern Branch (80 Gohap400)

1. Of the parts against the defendant in the original judgment, the part ordering the plaintiff 1 to pay in excess of the amount equivalent to 5% per annum from November 19, 1979 to the full payment date, the part ordering the plaintiff 1 to pay in excess of 9,144,13 won, 2, 3, and 4 respectively, and the part ordering the plaintiff 1 to pay in excess of the amount equivalent to 5% per annum from November 19, 1979.

2. The plaintiffs' appeal, the defendant's remaining appeal and the provisional payment return application are dismissed in entirety.

3. The costs of the lawsuit are divided into two parts of the first and second instances, and one of them is the plaintiffs, and the other is the defendant's each.

4. Of the prize money of paragraph (1) above, the part on which a sentence of provisional execution is not attached may be provisionally executed.

The defendant shall pay to the plaintiff 1 an amount of 22,80,033 won, 12,558,688 won, and an amount of 5% per annum from November 19, 1979 to the date of full payment.

The costs of lawsuit shall be borne by the defendant and a declaration of provisional execution.

The plaintiffs shall revoke the part of the original judgment against the plaintiffs.

The defendant shall pay to the plaintiff 1 an amount of 12,713,405 won, the amount of 7,128,936 won, and the amount of 5% per annum from November 19, 1979 to the date of full payment.

The judgment of the court of first and second instances that the costs of lawsuit shall be borne by the defendant and the declaration of provisional execution;

The defendant shall revoke the part against the defendant in the original judgment.

The plaintiff's claim is dismissed.

All the costs of lawsuit are assessed against the plaintiffs in the first and second instances.

The defendant, the plaintiff 1, the plaintiff 24,00 won, the plaintiff 2, 3, and 4 respectively, and the plaintiff 3,619,670 won and each of them at the rate of five percent per annum from October 9, 1980 to the date of full payment, and a declaration of provisional execution.

1. Occurrence of liability for damages;

In full view of the record verification of No. 2 (No. 3) without dispute over the establishment, the court below's Seoul District Criminal Court's 80No2699, and the whole purport of the oral argument, as an employee of the defendant company, the non-party 1, who is the driver of the city bus No. 10, the defendant company, as the employee of the defendant company,, is the driver of the city bus No. 10,000 on Nov. 18, 1979, driving the above bus with the inter-rupture 4 lines of the airport at a speed of 40 km per hour, and the non-party 2, who was driving on the third line, had his own right-hand side of the above bus No. 3, and continued to drive the above bus at the time of the above-mentioned bus No. 4) with the front left-hand side of the plaintiff company's vehicle accident compensation, and the defendant, as the non-party 1, who is the driver of the above vehicle, continued to take the above part of the vehicle accident No.

The defendant defense that the accident was caused by the whole negligence of the non-party 2, and therefore, the defendant is not liable to the defendant. However, there is no evidence to prove that the occurrence of the accident falls under the grounds for exemption under the proviso of Article 3 of the above Act, and according to the record verification result, the accident can be recognized as facts arising from the competition between the non-party 1 and the non-party 2's negligence, and there is no counter-proof, so the defendant's defense is not acceptable

2. Scope of damages.

A. The deceased non-party 3's lost profits

In full view of the purport of testimony and arguments as above Gap evidence Nos. 2 and 5 (Simplified Life Table), non-party 4 and 5 of the court below's witness, the above deceased left on September 4, 1937 and left on February 42 at the time of the accident. The average remaining life expectancy of the South and North Korea was 31.184 years at the time of the accident. The above deceased operated (trade name omitted) with its trade name at the time of the accident. No evidence exists to prove that the deceased was operating a different business, and multiple businesses were operated until 50 years old, unless there were special circumstances to the contrary, according to our general society concept. Since it is clear that the above deceased was operated directly at the time of the accident, and there was no need to pay the deceased's monthly income from 00,000 won until 0,000 won per month, and there was no difference between the above parties to the accident and the above 10,500,000 won monthly income from the accident.

B. Positive damage of Plaintiff 1

In full view of the statements in Gap evidence Nos. 6-1, 2, and 4 (each simplified import statement) which are acknowledged to have been authentic by the testimony of the witness non-party 5, and the whole purport of the arguments in the testimony of some of the above witnesses, the above plaintiff, as the wife of the above deceased, may recognize the fact that the above plaintiff paid KRW 1,542,00 for the sum of KRW 1,80,000 with the funeral expenses, KRW 768,00,000, KRW 394,000 for funeral expenses, and KRW 380,000 for graveyard usage fees, etc., and there is no counter-proof. Therefore, the above amount is an affirmative damage suffered by the above plaintiff due to the accident of this case.

In addition to the above damages, the above plaintiff also claimed KRW 1,720,000, which was paid for the expenses of installing stone in the cemetery for the above deceased. According to the evidence Nos. 6-3,5 (each simplified import statement) of the above plaintiff, the above plaintiff paid the expenses of stone material as alleged by the above plaintiff, but it is recognized that the above plaintiff paid the expenses of stone material material material material expenses, other than the above funeral expenses of the above deceased, the above expenses of stone material material expenses again exceed the reasonable extent required for the funeral of ordinary person, and thus, the above plaintiff is particularly paid for the deceased. Thus, this part of the claim cannot be accepted as without merit.

(c) Compensation money;

Since the facts that the above deceased and the plaintiffs suffered severe mental pain due to the accident of this case are clear in light of the empirical rule, the defendant has a duty to compensate for their mental pain in money. Accordingly, the defendant must pay 1,00,000 won to the above deceased and the plaintiff 1, respectively, in consideration of various circumstances as shown in the arguments of this case, such as the sex, age, occupation, status of the deceased and the plaintiffs, their status status status, the plaintiffs' age, living level, etc. of the above deceased and the plaintiff 2,3, and 4, respectively.

(d) Inheritance relations; and

As seen above, the above deceased's losses incurred due to the accident of this case are 19,806,400 won in total (negative 18,806,400 + 1,000,000 won in total). According to their respective statutory inheritance rates, the plaintiffs 1 inherited gold 6,602,133 won (19,806,400 x 3/9), 2,3, and 4 respectively (10,806,400 x 2/9) according to their respective statutory inheritance rates.

3. Conclusion

Therefore, the defendant is obligated to pay to the plaintiff 1 the amount of 9,144,133 won (the inherited amount of 6,602,133 won + positive damages of 1,542,00 won + 1,000 won), the plaintiff 2,3, and 4 each amount of 4,701,422 won (the inherited amount of 4,401,422 won + the consolation money of 300,000 won) and the amount of 5% per annum from November 19, 1979 to the full payment date. Accordingly, each claim of the plaintiffs shall be accepted within the extent of the above recognition, and the remaining claims of the plaintiffs shall be dismissed within the limit of 10,701,422 won, and the remaining claims of the plaintiffs shall be revoked by the court below for 201,629,429 and 15% per annum from each of the above judgment against the plaintiff 1 and the remaining claims of the plaintiffs shall be dismissed.

Judges Kim Jong-hee (Presiding Judge)