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(영문) 서울남부지방법원 2018.01.25 2017나61322
손해배상(자)
Text

1. Based on incidental appeal, the Defendant: (a) KRW 3,00,000, KRW 3,000, KRW 3,000, KRW 3,000 to the Plaintiff, and KRW 2,00,000 to the Plaintiff, E, E, F, G, and H, respectively.

Reasons

1. The reasoning of the judgment of the court of first instance cited this case is that the reasoning of the judgment of the court of first instance is stated in the reasoning of the judgment, except for the addition of the judgment below as to the plaintiffs' claims added by this court. Thus, this case is cited as it is by the main sentence

2. Claim and Judgment added by this Court

A. The plaintiffs' assertion is the deceased's spouse and children, and the defendant is obligated to pay 2,00,000 won to the plaintiff who is the spouse, as consolation money under Article 752 of the Civil Act, for the deceased's death caused by the accident of this case. Thus, the defendant is obligated to pay 3,00,000 won to the plaintiff who is the spouse, and 2,00,000 won to the plaintiff who is the spouse.

B. In the case of a traffic accident, his spouse, lineal descendant, and his lineal descendant, separate from the victim, have a right to claim consolation money for his own mental damage caused by the accident.

Therefore, the defendant is obligated to compensate for mental damage suffered by the plaintiffs, who are the spouse and lineal descendants of the deceased, due to the accident of this case, and considering all the circumstances revealed in the arguments of this case, such as the cause and background of the accident of this case, the deceased's negligence and age, the amount of consolation money shall be determined by KRW 3,00,000, and the plaintiff B, C, D, E, F, G, and H, who are their children, as their spouse, as KRW 2,00,000, respectively.

Therefore, according to the addition of the claim through incidental appeal in this court, the defendant is obligated to pay the plaintiff A 3,00,000 won for consolation money due to the accident in this case, and 2,00,00,000 won for each of the above amounts and damages for delay to the plaintiff B, C, D, F, G, and H.

C. On September 5, 2016, which is the date of the instant accident, deemed reasonable for the Defendant to dispute the existence or scope of the obligation to perform as to the Plaintiff’s KRW 6,352,941, Plaintiff B, C, D, E, F, G, and H as well as each of the said money, the Defendant shall pay to the Plaintiff KRW 4,235,294, and each of the said money, 5% per annum under the Civil Act until August 31, 2017, which is the date of the first instance judgment, and the next day.

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