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(영문) 부산지방법원 2016.12.21 2016가합44823
손해배상(기)
Text

1. The Defendants: KRW 33,236,488, KRW 336,488, and KRW 33,236,488, and KRW 2,000,00 for the Selection G, respectively.

Reasons

1. Basic facts

A. The Selection E and the Selection F are children between the network H (hereinafter “victim”) and the network I (hereinafter “victim”); the Selection G is the mother of the victim; the Plaintiff (Appointed Party; hereinafter “Plaintiff”) is the son of the victim.

The defendants are children between the perpetrator and his wife.

B. A perpetrator and the victim were married on August 3, 1996, but a consultation was married on June 13, 2005, and thereafter, they were married on January 15, 2007, but they were in the period of deliberation by applying for a divorce on October 30, 2015.

C. On November 14, 2015, the perpetrator killed the victim (hereinafter “instant tort”), and committed suicide on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (if available, including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion has property and mental damage claim arising from the tort of this case against the perpetrator, and the Selection E and F inherited the above damage claim. The Selection G and the plaintiff have a mental damage claim arising from the tort of this case against the perpetrator. The defendants inherited each of the above damage claim against the victim, Selection G and the plaintiff.

Therefore, the Defendants are liable for damages caused by the tort of this case to the Plaintiff and the designated parties.

3. Determination

A. According to the facts of recognition as above, the perpetrator is responsible for compensating the victim, the designated person G, and the Plaintiff for the damages caused by the tort in this case.

B. 1) The scope of liability for damages is calculated as of November 14, 2015, which is the date of the tort in this case, based on the facts of recognition and assessment as follows: (a) the damages equivalent to the lost income suffered by the victim shall be calculated as of November 14, 2015, based on the method of deducting intermediate interest at the rate of 5/12 per month, as follows:

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