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1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.
Reasons
1. The reasoning for this part of the judgment of the court is as stated in paragraph (1) of the judgment of the court of first instance, except that the court’s reasoning is that “as of December 17, 2018,” “as of December 17, 2018, 09:30” in Section 2, Section 8 of the judgment of the court of first instance is “as of December 17, 2018, 06:30.” Thus, this part is cited by the main sentence
2. The assertion and judgment
A. As a tort against the deceased, Defendant C is jointly and severally liable for damages incurred by the deceased due to the instant accident as a company which concluded a comprehensive motor vehicle insurance contract with Defendant C, and thus, Defendant C shall pay 100,000,000 won to the deceased as a negative damages to the deceased, which correspond to the maximum working age of the day-to-day day-to-day ordinary wages until the age of 65, and as a consolation money for mental damage caused by the death of the deceased.
The Plaintiffs and the Deceased, as children of the deceased J and deceased L, are siblings, and there is no heir except the Plaintiffs, and the Plaintiffs inherited the deceased’s property within the limit of 1/2 shares, respectively.
In addition, the Plaintiffs paid KRW 5,000,000 as funeral expenses of the Deceased.
Therefore, the Defendants shall jointly and severally pay the Plaintiffs KRW 94,076,60, and KRW 2,500,000, and KRW 96,576,608, respectively, for active damages paid by the Plaintiffs.
B. Determination 1 on the inheritance claim of the deceased E’s damage liability prior to the occurrence of the liability for damages, according to the factual basis as seen earlier, Defendant C is a tort against the deceased, and the Defendant Company is jointly and severally liable for the damage suffered by the deceased as an insurer who entered into a comprehensive motor vehicle insurance contract with Defendant C, and is jointly and severally liable for the damage incurred by the deceased. 2) Personal Information Recognition (1) of negative damage (actual income): U and male accident date: The age of the accident on December 17, 2018: the maximum working age of 60 years and 10 months: until February 14, 2023 (see, e.g., Supreme Court Decision 2018Da248909, Feb. 21, 2019).