Whether the right to claim damages is extinguished in a case where a claim for damages is received without reserving any objection to the deposit money deposited as compensation for damage caused by a tort.

When a person receives money deposited as compensation for damage caused by the tort of this case without reserving an objection, he/she shall be deemed to have accepted the purpose of the deposit and received it. Therefore, the victim's right to claim damages shall be deemed to have terminated all.

Article 487 of the Civil Act

December 27, 1962, 62Da719 (Supreme Court Decision 10Noh361, Supreme Court Decision 487(4) of the Civil Act)

Plaintiff 1 and four others

Defendant

Seoul District Court's East Branch (79 Ghana1636)

The original judgment shall be modified as follows:

The defendant shall pay to the plaintiff 2 an amount of 4,00,000 won with an annual rate of 5% from January 27, 1979 to the full payment day. The defendant shall pay to the plaintiff 2 an amount of 5,850,000 won with an annual rate of 5% from January 27, 1979 to the full payment day.

The plaintiff 1's claims and the remaining plaintiffs' claims are dismissed.

The costs of lawsuit between the plaintiff 1 and the defendant shall be borne by the same plaintiff, while the remaining costs of lawsuit between the plaintiff 1 and the defendant shall be borne by one of the same plaintiffs, and the remainder shall be borne by the same plaintiff, and by the defendant.

The defendant shall pay to the plaintiff 1 an amount equivalent to 10,171,385 won, 8,971,385 won, 3,4,50 won, 6,147,590 won, and an amount equivalent to 5% per annum from January 27, 1979 to the date of full payment.

The costs of lawsuit shall be borne by the defendant and a declaration of provisional execution.

The purport of appeal by the defendant: The part against the defendant shall be revoked.

The plaintiffs' claims are dismissed.

All the costs of lawsuit are assessed against the plaintiffs in the first and second instances.

The purport of the plaintiffs' incidental appeal: The part against the plaintiffs 2, 3, 4, and 5 in the original judgment shall be revoked.

The defendant shall pay to the plaintiff 2 the amount of 3,058,122 won, the amount of 2,105,414 won and the amount of 5% per annum from January 27, 1979 to the date of full payment.

The costs of lawsuit shall be assessed against the defendant and a declaration of provisional execution, which shall be assessed against all of the first and second trials.

1. Occurrence of liability for damages;

In full view of the contents of Gap evidence Nos. 1 (No. 1) and No. 3 and the results of the examination of the criminal records of the court below, the defendant's (vehicle number omitted) cargo on Jan. 26, 1979, which is owned by the defendant directly driving on the front side of the (trade name omitted), the (vehicle number omitted) 2:35 on Jan. 26, 1979, at the speed of about 35 km per hour by the defendant's vehicle to the seat of tin-Dong-dong, which is different from the speed of about 35 km at the speed of her speed of 35 km, which is crossing the left side from the right side of the bend, and caused the plaintiff to die around 24:00 on the ground, and the plaintiff 1 was the wife of the above non-party deceased, and the plaintiff 2 is the head of Australia, and the plaintiff 3, 4, and 5 is liable for damages caused by the above accident to the plaintiff's children.

However, according to the above evidence, the above non-party deceased's negligence was an important cause for the accident of this case, since the existence of a vehicle driving on a roadway other than a crosswalk at night without examining the existence of the vehicle driving on the crosswalk, and without permission, it can be seen that the above non-party deceased's negligence was an important cause for the accident of this case. On the other hand, since the above place is frequently passing between the vehicle and the person, even the defendant driving the vehicle driving on the accident, since the above place is frequently passing between the vehicle and the person, it is necessary to pay attention to avoid any obstacle that may occur on his own by taking into account the surrounding circumstances when driving the vehicle at night, and it can be recognized that such negligence was negligent, so the cause of the accident of this case also overlaps with the defendant's negligence, and the degree of the plaintiff's negligence does not fully exempt the defendant's liability for damages. Accordingly, it is decided to take this into account in determining the scope of

2. Determination on the plaintiff 1's claim for damages

Plaintiff 1 asserted: (a) the deceased non-party 1 died due to an accident in the instant case, resulting in property and mental injury of KRW 33,885,541 in total; (b) the Plaintiff succeeded to KRW 8,471,385 in total; and (c) as such, the Plaintiff paid KRW 1,00,000 in funeral expenses of the deceased non-party 1, the Defendant is obligated to pay KRW 8,971,385 in total, which is the sum of KRW 700,000,000 in total for mental suffering, such as the above damages.

However, according to the contents of No. 1-1 of the certificate No. 1-3, which had no dispute over the establishment of the case, on February 13, 1979, after the accident of this case, the defendant deposited KRW 3,000,000 as 214 in the compensation for damage caused by the tort of this case by the plaintiff 1 as the beneficiary of the deposited goods. The plaintiff did not withhold an objection on March 16, 1979 and received the above deposit money without any dispute between the parties, the plaintiff accepted the purpose of the deposit and received it. Thus, the plaintiff's claim for damages under the premise that all of the plaintiff's claims for damages were extinguished due to the deposit of this case.

3. Determination on the remaining plaintiffs' claims

(a) Loss of expected earnings;

In order to establish Gap evidence Nos. 2 (Simplified Life Card), Gap evidence Nos. 4 (Simplified Life Card), Gap evidence Nos. 11 (Certification of Tax Payment), Gap evidence Nos. 8-1 through 37 (each day-book), the testimony of non-party 2 by non-party 3, and the testimony of the above witness and non-party 4, the court below revealed that the authenticity is recognized by the testimony of non-party 3, and that the above testimony of the above witness and non-party 4, the deceased non-party 1 was healthy at the time of the death of the accident of April 21, 1931, and the average remaining person of the deceased's age at least 47 years of age and 47 years of age were no more than 27 years of age, and the deceased's business registration Nos. 8-1 through 37 (one day-book) were no more than 15 years of age and no more than 15 years of business registration of the deceased's own name was changed (the above non-party 4's business registration No.

Thus, the above non-party deceased would have been able to get monthly 266,66 won (40,000 x 2/3) from the date of the accident if he had not been involved in the accident until 60 months until the date of the accident (less than 66,66 x 113.87, less than 113.87, less than 100) and would have been engaged in the business of making every month after deducting living expenses from his profits. The accident of this case is that the defendant would have been able to compensate only 21,200 won out of the above damages, considering the degree of negligence of the non-party deceased as seen above. If the loss amount of the expected profits is converted to the present as of the date of the accident according to the Hofmanial Calculation Act, which deducts the intermediate interest of 5/12% per annum.

(b) consolation money;

The accident of this case led to the death of the non-party 1 as well as the same non-party 2, 3, 4, and 5 that caused mental pains to the plaintiff 2, 3, 4, and 5, which are their children. Thus, the defendant is obligated to do so. In light of all circumstances shown in the arguments, such as the age, family relation, property level of the above plaintiffs and the non-party 1, the accident circumstance of this case, and the degree of negligence of the victim, the amount of consolation money to be paid by the defendant shall be determined as KRW 1,00,000 for the above non-party 1, and KRW 300,000 for each of the above plaintiffs.

(c) Inheritance relationship;

As seen above, Nonparty 1 had a claim for damages amounting to KRW 21,00,000,000, including property damage and consolation money against the Defendant. The above claim for damages due to the death of Nonparty 1 was inherited to Plaintiff 2 at the respective rates of inheritance of KRW 5,550,00 (22,200,000 x 3/12), Plaintiff 3,4, and 5 respectively (22,200,000 x 2/2/12) according to the respective inheritance ratio (3/12 of Plaintiff 1’s inheritance).

3. Conclusion

Therefore, the defendant is obligated to pay to the plaintiff 2 an amount equivalent to five percent per annum from January 27, 1979 to the full payment date, as requested by the plaintiff 4,00,000 won and each of the above amounts to the plaintiff 3,4, and 5 respectively. Thus, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claims of the plaintiff 1 and the remaining claims of the plaintiff 1 are without merit. The judgment below is to be modified because it is unfair with some conclusion, and it is so decided as per Disposition by the court below by applying Articles 89, 92, 93, and 96 of the Civil Procedure Act with respect to the bearing of litigation costs.

Judges Kim Jong-Gyeong (Presiding Judge)