1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 92,88,480 and KRW 56,00,000 among them.

1. In the first instance court, the Plaintiff sought payment of KRW 50,733,462 as the lost income of the Deceased; KRW 5 million as funeral expenses; KRW 90,000 as consolation money of the Deceased; KRW 155,733,462 as consolation money of the Plaintiff; and the first instance court accepted KRW 28,389,746 as the lost income of the Deceased; KRW 3 million as funeral expenses; KRW 50,000 as consolation money of the Deceased; KRW 84,389,746 as the deceased; and KRW 3 million as consolation money of the Deceased; and KRW 84,389,746 as consolation money of the Plaintiff.

As to the judgment of the court of first instance, the part against the defendant ordering payment exceeding KRW 40 million (i.e., KRW 84,389,746 - KRW 40,000), which is the part against the defendant ordering payment (i.e., KRW 84,389,746 - KRW 40,000). In a case where a claim for damages due to personal injury is rendered by one of the parties for other property losses and consolation money, etc., as a single judgment, one of the parties appealed for a certain amount without specifying the scope of the subject matter of a lawsuit, unless there are special circumstances such as specifying the subject matter of a lawsuit, the claim for property damages and consolation money falling under the scope of objection shall be transferred to the appellate court, and subject to the judgment of the appellate court (see, e.g., Supreme Court en banc Decision 94Da20051, Jul. 18, 1996; KRW 4368,851, Jul. 18, 1996).

Therefore, the Plaintiff’s claim to reduce the deceased’s consolation money of KRW 5,610,254 (i.e., KRW 50,00,00 as cited in the first instance judgment - KRW 44,389,746 as the Defendant appealed) is subject to the judgment of this court.

2. Facts of recognition;

A. The plaintiff is the father of the non-party deceased as a traffic accident, who is the only heir of the deceased.