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(영문) 창원지방법원밀양지원 2019.03.15 2018가합10639
손해배상(기)
Text

1. The Defendant: (a) against the Plaintiff A, KRW 181,791,898, and each of the said amounts to the Plaintiff B and C, respectively; and (b) on January 26, 2018.

Reasons

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

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;

3. Considering all the circumstances indicated in the records of this case, such as the circumstances surrounding the occurrence of a fire as stated in the attached Form of the claim, the amount of consolation money to be paid by the defendant to the plaintiff A shall be set at KRW 100 million, KRW 50 million, respectively.

Therefore, the Defendant: [297,687,848 won] = 197,687,848 won [1.21,271,646 won of the deceased’s lost income] = (40,000,00 won of the deceased’s consolation money of 421,271,646 won of the deceased’s lost income] ¡¿ 3/7,000 of inherited shares; hereinafter the same applies.

[1] The Defendant’s consolation money of KRW 100,00,000], Plaintiff B, and C respectively [181,791,898 won = [131,791,898 won = (the deceased’s lost income of KRW 421,271,646 x inheritance shares of KRW 2/7] 50,000,000] and each of the above amounts are liable to pay damages for delay calculated at the annual rate of 15% per annum under the Civil Act from January 26, 2018, which is the date of the instant fire, until March 15, 2019, which is the date of the instant judgment where it is deemed reasonable to dispute the existence or scope of the Defendant’s obligation to perform, and damages for delay calculated at the annual rate of KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

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