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(영문) 창원지방법원 2020.12.24 2020가합53715
손해배상(기)
Text

1. The Defendant: 140,015,684 won to Plaintiff A; 117,084,986 won to Plaintiff B; 110,035,456 won to Plaintiff C; and each of the said money.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Articles 257(1) and 208(3)1 of the Civil Procedure Act of the judgment without holding any pleadings.

3. Part concerning partial dismissal

(a) In the case of murder, consolation money shall be determined by comprehensively taking into account the motive or method of the specific murder, circumstances after murder, the mutual relationship between the offender and the victim and his/her surviving family members or their financial status, the degree of appraisal of the original or the deceased, etc., unlike the ordinary death accident;

Considering the motive and background of the Defendant’s murder, its method, age, family relation, etc. (hereinafter “the deceased”), KRW 100,000,000 as consolation money for the Deceased, and KRW 50,000 as consolation money for the Plaintiff B and C, the deceased’s spouse, and for the Plaintiff B and C, the deceased’s children.

B. Inheritance amount of KRW 210,036,597 (=the deceased’s lost income of KRW 110,036,597) of the deceased’s lost income of KRW 110,00,000,000 for consolation money of KRW 100,000 for the deceased’s deceased’s loss), the inheritance amount of which according to the shares of inheritance by the plaintiff by the plaintiff is less than KRW 90,015,684

(=210,036,597 won x 3/7), Plaintiff B, and C respectively (=210,036,597 won x 2/7)

C. Therefore, the Defendant: (i) KRW 140,015,684 (=the inheritance amount of KRW 90,015,684 unique consolation money of KRW 50,000,00), KRW 117,084,986 [the inheritance amount of KRW 60,010,456 and funeral expenses damages of KRW 7,074,530 (the deceased’s medical expenses of KRW 449,630, funeral expenses of KRW 6,624,90)]; (ii) the Defendant is obligated to pay the Plaintiff KRW 110,035,456 (the inheritance amount of KRW 60,00,00, KRW 500, KRW 500, KRW 500, KRW 2500, KRW 2500, KRW 2500, KRW 25456), and each of the above damages for delay from the date of performing the obligation to pay damages to the Plaintiff.

Therefore, the plaintiffs' claims are accepted within the scope of the above recognition.

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