2018Na52907 Damage, Claim

1. A;

2. B

3. C

Plaintiff 2 and 3 are minors, so the legal representative D and mother A

1. E;

2. F;

3. G.

Suwon District Court Decision 2017Da506390 Decided December 20, 2017

October 4, 2018

November 15, 2018

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

1. Purport of claim

Defendant E shall pay to Plaintiff A 14,28,571 won, 6,428,571 won, and 5% interest per annum from May 19, 2015 to the service date of a duplicate of the complaint of this case, and 15% interest per annum from the next day to the day of complete payment; Defendant F shall pay to Plaintiff A 9,485,714 won, 4,285,714 won, and 5% interest per annum from May 19, 2015 to the service date of a duplicate of the complaint of this case; Defendant G shall pay to Plaintiff A 9,485,714 won, 35, 4285, 714 won, and 15% interest per annum from the next day to the day of complete payment; Defendant G shall pay to the Plaintiff Da 15% interest per annum from the next day to the day of complete payment; and from May 15, 2015 to the day of complete payment.

2. Purport of appeal

The part against the Defendants in the judgment of the first instance is revoked, and the corresponding plaintiffs' claims are dismissed in entirety.

1. Quotation of judgment of the first instance;

The grounds for appeal by the Defendants do not differ significantly from the allegations in the first instance trial, and even if the evidence submitted by the Defendants in the first instance trial is different from the evidence submitted by the Defendants in the first instance trial, the fact-finding and judgment in the first instance trial seems legitimate.

Therefore, the reasoning for this Court’s explanation is as follows: (a) evidence additionally submitted by the Defendants in the trial and lack of the facts-finding and judgment of the first instance court; (b) evidence Nos. 19 and No. 30; and (c) evidence No. 32; and (c) the reasoning for the first instance judgment is the same as that for the first instance judgment, and thus, (c) it is acceptable in accordance with the main sentence of Article

2. Conclusion

Therefore, the judgment of the court of first instance is justified, and all appeals by the defendants are dismissed as it is without merit. It is so decided as per Disposition.

Judge Choi Chang-soo

Judges Mah-ho

Judges Kim Jong-Un

1) The Plaintiffs initially filed the instant lawsuit with the Defendant to the effect that “the Defendant shall pay the Plaintiff KRW 33,200,000, and KRW 15,000,000 for each of the said money and damages for delay against the Defendant B and C.” However, the Plaintiff did not submit a separate application for correction of the indication of the party, which corrected the Defendant as the Defendants, as the heir of the network H, and did not submit a separate application for correction of the purport of the claim. However, the Plaintiff’s previous claim is interpreted as having changed to claim damages for each of the Defendant’s inheritance shares.