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(영문) 수원지방법원 2016.04.28 2015나41630
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff A KRW 25,000,000 and this on February 2, 2015.

Reasons

1. The reasons why a party member of the court of first instance is citing the instant case are citing the reasoning for the decision of the court of first instance, except for the following changes in the scope and conclusion of liability for damages. As such, it is citing it as is by the main text of Article 420

2. Scope of liability for damages

A. In calculating consolation money due to a tort, considering the circumstances on the part of the victim, including the victim's age, occupation, social status, property and living conditions, degree of suffering from damage, degree of negligence on the part of the victim, as well as the circumstances on the part of the perpetrator, such as the perpetrator's intentional intent or negligence, motive and cause of the harmful act, and attitude of the perpetrator after the tort, together with the principle of fair liability for damages. The court may determine the amount of consolation money at its own discretion, taking into account these various circumstances into account.

(Supreme Court Decision 2013Da201844 Decided December 12, 2013). B.

In light of the above legal principles, the relationship between the plaintiffs and the defendant, about ten years after the occurrence of the tort of this case, and the amount of consolation money which the defendant would compensate for to the plaintiff Eul shall be determined as KRW 25,000,000, and the consolation money which the plaintiff Eul would compensate to be paid to the plaintiff Eul shall be determined as KRW 5,00,000, in full view of all the circumstances revealed in the arguments, such as the value of consolation

3. If so, the Defendant’s conclusion is reasonable to dispute over the scope of the Defendant’s obligations from March 23, 2015, when it delivered to the Plaintiff A a copy of the complaint of 2015da101852, which the Plaintiffs sought from February 5, 2015 to the Defendant, and from March 28, 2015, when the copy of the complaint of 2015da117604 was delivered to the Defendant, and from March 28, 2016, until April 28, 2016, the date of the instant judgment, which is deemed reasonable for the Defendant to dispute over the scope of obligations, the amount of KRW 5% per annum under the Civil Act, and from the following day to the date of full payment.

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