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(영문) 인천지방법원 2019.05.21 2018나56766
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning for the court’s explanation on this part of the facts is that the reasoning for the judgment of the court of first instance is the same as the corresponding part of the reasoning of the judgment of the court of first instance, in addition to the dismissal of “I” as “J” in the second part of the judgment of the court of first instance, and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. The court's explanation on this part of the claim for damages is identical to the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

3. The claim of the parties to the scope of the liability for damages, which does not appear separately below, shall be rejected.

[Reasons for Recognition] Unsatisfy, Gap evidence 11, 12 (if there are virtual numbers, including each number), Eul evidence 1, the purport of the whole pleadings

(a) Expenses for medical treatment: 1,358,920 won;

(b) Wrasium: 7,405,000 won;

(c) Funeral expenses: 5,000,000 won.

D. 1) The Defendant’s limitation of liability: 80% of the Defendant’s property damage after limitation of liability: 7,011,136 won [=((1,358,920 won 7,405,000) x 80%) for the Plaintiff’s property damage after limitation of liability: 4,000,000 won (=5,000,000 won x 80%)

E. As the Defendant paid the deceased’s total sum of KRW 91,756,56,560, the amount of KRW 18,351,312, which exceeds the Defendant’s scope of liability (i.e., KRW 91,756,560 x 20%) was deducted from the deceased’s property damage amounting to KRW 7,01,136, then the deceased’s property damage remains.

F. In full view of all the circumstances revealed in the records and arguments, such as the background and degree of the instant accident, the relationship between the Plaintiff and the deceased, the part and degree of the deceased’s injury, the age of the deceased, and the amount of damages on the deceased’s property no longer remains and the Defendant spent over, the consolation money shall be recognized as KRW 35,000,000 and the Plaintiff’s consolation money as the wife of the deceased as KRW 12,00,000.

G. Accordingly, the Defendant’s 31,000,000 won (=property damage 4,000,000 won inherited as property damage 15,000,000 won (=35,000 won)) to the Plaintiff.

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