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(영문) 서울고등법원 2020.01.22 2019나2045785
청구이의
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the Defendant are dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

Reasons

1. Basic facts

A. The parties’ status and occurrence of accidents are as follows: (a) the Plaintiff is a person who operated an entertainment tavern under the trade name “E” in Yeongdeungpo-gu Seoul Metropolitan Government; (b) Defendant B and C are the parents of F, and Defendant D are the members of F; and (c) on March 23, 2017, the Plaintiff lost awareness under the influence of alcohol in the entertainment tavern of “E” located in Yeongdeungpo-gu Seoul Metropolitan Government.

G and H, with I as well as I, were placed on the drums in front of the building, which were located outside the entertainment tavern.

F was sent to a hospital by police officers and fire officers on the same day and received medical treatment, but died on March 24, 2017 due to multi-presidential long-term damage, etc.

(hereinafter referred to as “F”). (b)

1) The Defendants, as their surviving family members of the deceased, filed a lawsuit against the Plaintiff, G, H, and I to compensate for the damage caused by the death of the deceased (Seoul Northern District Court 2017Gahap26465). On June 20, 2018, the above court held that “the Plaintiff, G, H, and I jointly pay to the Defendant B 110,546,48 won, and KRW 100,488 won to Defendant C, and KRW 1,00,00,000 to Defendant D, and KRW 1,55% per annum from March 24, 2017 to June 20, 2018, and KRW 15% per annum from the next day to the date of full payment” (hereinafter “instant provisional execution declaration”).

(2) The Plaintiff filed an appeal (Seoul High Court Decision 2018Na2041137), and on March 26, 2019, the instant judgment became final and conclusive as it is, while withdrawing an appeal.

(3) On April 9, 2019, the Defendants filed an application for the determination of the amount of litigation costs against the Plaintiff (Seoul High Court No. 2019Ka-20119, the said court shall determine that with respect to the claim for damages between the Defendant and the Plaintiff, the amount of litigation costs that the Plaintiff has to pay to the Defendants is KRW 12,727,130 in relation to the claim for damages under Seoul High Court No. 2019, May 21, 2019.

‘The decision' was made to determine the amount of litigation costs, and the above decision was made.

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