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(영문) 서울중앙지방법원 2019.03.26 2019나3423
손해배상(자)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. Upon the claim added by this court, the defendant is against the plaintiff A, and the defendant is against the plaintiff A.

Reasons

1. In the first instance trial, the Plaintiffs sought a total of KRW 143,143,143,690,000, positive damages of the Deceased, KRW 56,618,020, KRW 751,670, KRW 80,000, physical damages, KRW 1,219,00, and KRW 4,55,00,00, respectively.

The judgment of the first instance is divided into the Plaintiffs’ share of inheritance (Plaintiff A3/9, Plaintiff B, C, and D 2/9) by citing the Plaintiff’s passive damages of KRW 10,128,187, positive damages of KRW 112,750, solatium of KRW 32,00,000, KRW 182,850, and KRW 182,850, and KRW 42,423,787. The sum of Plaintiff A’s active damages of KRW 750,00, and the sum of KRW 14,891,262, KRW 262, and KRW 9,427,50 for Plaintiff B, and KRW 50 for each claim of the Plaintiffs, and the remainder of the claims were dismissed.

The plaintiffs appealed only against this, but they did not dispute the part against the deceased's passive damages, active damages, physical damages, and the part against the plaintiffs' active damages. The deceased's claim for consolation money of KRW 80,500,000 shall be reduced to KRW 36,50,000 (the purport of seeking additional payment of KRW 4,50,000 which is the quoted amount of the first instance trial), and the plaintiff's consolation money of KRW 4,16,67,67, and KRW 2,777,78 in total as consolation money of KRW 12,50,000 shall not be claimed in the first instance trial.

Therefore, the subject of this Court's judgment is limited to the claim of consolation money and the plaintiffs' own claim of consolation money added to the reduced deceased.

2. As to this part of the liability for consolation money, the part of “A. Fact-finding” and “Determination as to whether to recognize liability” in the reasoning of the judgment of the first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act shall be cited.

3. The scope of consolation money shall be the deceased’s age and degree of negligence, and in particular the main cause of the accident.

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