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(영문) 인천지방법원 2018.10.12 2017나67691
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs, which orders payment below, shall be revoked.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as stated in the part of the reasoning of the judgment of the court of first instance, except for the addition of the judgment of the plaintiffs as to the new argument in the trial of the court of first instance as follows. Thus, this is accepted by the main sentence of Article 420 of the

2. The addition;

A. The defendant alleged that the plaintiffs abused the deceased, and as a result, the deceased and the plaintiffs suffered from mental pain, so the defendant is obligated to pay consolation money to the deceased and the plaintiffs.

B. The judgment of the defendant, as an employee of mental health facility, did not assault or harshly treat the mentally ill person hospitalized in the mental health facility, as seen earlier, he assaulted the deceased and inflicted physical or mental pain on the deceased, and it is obvious in light of the empirical rule that the parent and the sibling were suffering from mental pain due to the above case. Thus, the defendant is obliged to pay the deceased and the plaintiffs suffering from mental pain in money.

In addition, the amount of consolation money shall be determined as KRW 1 million, KRW 400,000,000, and KRW 200,000,000,000, which are the parents of the deceased, and Plaintiff C, the birth of the deceased, taking into account all the circumstances shown in the argument of the instant case, such as the background and degree of assault, the relationship between the deceased and the Defendant, the

Considering that consolation money of the deceased is inherited by the plaintiff A and B according to their statutory shares in inheritance, the defendant is 90,000 won for each of the plaintiff A and B (500,000 won for inheritance) and 200,000 won for the plaintiff C as well as 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is established from February 24, 2015 for which the plaintiffs seek after the date of tort, and it is recognized that it is reasonable for the defendant to resist the existence and scope of the duty of performance until October 12, 2018, the date of this decision, which is 5% per annum as stipulated by the Civil Act until the date of full payment.

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