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(영문) 서울중앙지방법원 2019.04.05 2018나60955
손해배상(자)
Text

1. The judgment of the court of first instance is modified as follows.

Defendant KRW 75,672,108 to Plaintiff A and KRW 40,672,108 to Plaintiff B.

Reasons

1. The court's explanation of this case is identical to the reasoning of the judgment of the court of first instance, except for the following cases. Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. The 4th to 11th of the judgment of the court of first instance shall be followed as follows.

1) Personal information: The same shall apply to the entry in the column of “basic matters” in the attached amount of damages calculation sheet.

2) The Deceased received KRW 2,112,960 per month from the Public Official Pension Service as a retirement pension at the time of death, and thus, the Deceased’s income shall be calculated on the premise that the Plaintiff could receive income from the date following the date of the final payment of the retirement pension until March 3, 2032, which was the day after August 26, 2016, the date of the final payment of the retirement pension, from August 26, 2016 to March 3, 2032.

A person shall be appointed.

B. 5th of the first instance judgment and 6th of the first instance judgment were followed as follows.

[4] Calculation: The phrase "actual income" in the attached Form for calculation of damages shall be as stated.

A person shall be appointed.

C. The 5th to 13th parallels of the judgment of the first instance shall be followed as follows.

【. Mutual Aid 1) As the Defendant paid KRW 25,077,560 to the Plaintiff’s medical expenses, the Defendant’s deduction of KRW 2,507,756 (=25,077,560) (i.e., the part equivalent to the percentage of the deceased’s fault) shall be made.

2) As part of the damages for Plaintiff B, F deposited KRW 30,00,000 on November 7, 2016 and KRW 5,000,00 on March 7, 2017 as part of the damages for Plaintiff B, Plaintiff B paid the above deposit on April 4, 2017, the said deposit amount is deducted from the amount of damages for Plaintiff B. E. In light of all the circumstances revealed in the instant pleadings, including the background of the instant accident, the deceased’s age, career, and degree of negligence, the consolation money is recognized as KRW 50,00,00,000, and the deceased’s consolation money is recognized as KRW 222,516,216: Inheritance shares: Plaintiff B,31,36,316,316,36,316,36, and (2) inheritance shares, respectively.

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