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(영문) 창원지방법원 2018.10.12 2018가단108950
손해배상(자)
Text

1. The Defendant: KRW 62,025,124 for each of the Plaintiffs and 5% per annum from August 5, 2017 to October 12, 2018; and

Reasons

1. Occurrence of liability for damages;

(a) Indication of claims: as shown in attached Forms 1 and 2;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Scope of damages.

A. The actual income, funeral expenses, limitation of liability, deduction, and consolation money are as shown in attached Form 3. However, it is recognized that the defendant's negligence of the defendant of paragraph 3-Ra is 90% (10% of the deceased's negligence) and the plaintiffs of paragraph 3-Ba (2) recognize consolation money of 5,00,000 won, respectively.

B. Inheritance-related plaintiffs inherited each one half of the damages claim of the deceased (372,94,720 won x 0.9) - 306,600,000 won 80,000 won - 1/2.

C. According to the theory of lawsuit, the defendant is obligated to pay each of the plaintiffs 62,025,124 won [5,525,124 won (109,248 won x 1/2) funeral expenses of funeral expenses of KRW 2,500,000] and damages for delay calculated at the rate of 5% per annum under the Civil Act from August 5, 2017 to October 12, 2018, which is the date of this decision, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment].

3. In conclusion, the plaintiffs' claims of this case are justified within the scope of the above recognition, and they accept them, and each remaining claims are dismissed as they are without merit.

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