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(영문) 인천지방법원 2020.02.11 2018가합1083
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 10, 2015, E (hereinafter “the deceased”) died at its home located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon Metropolitan City.

B. The Deceased’s 6 South and North Korea had 1 son under the sus, and the Defendant C is the South and North Korea, the Defendant D’s son, the Defendant C, and the Plaintiff’s son.

【Reasons for Recognition】 The descriptions of Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendants intentionally concealed the death without notifying the Plaintiff of his/her duty to immediately inform the death of the deceased.

Accordingly, the plaintiff could not participate in the funeral procedure of the deceased.

As such, the defendants' act constitutes a tort, and thus is liable to compensate the damages suffered by the plaintiff.

B. On April 10, 2015, Defendant C and D did not allow the deceased to receive medical treatment in a timely manner even after he/she was dead. After the deceased died, Defendant C and D reported to be transferred to the funeral hall.

This constitutes a tort and thus is responsible for compensating the loss suffered by the plaintiff.

3. Determination

A. Since the legal principle regarding the claim for damages caused by a tort that did not notify the deceased's death is a legal duty, the duty of commission is not included in simple moral or religious duty, but the legal duty of act is not a matter of law, and as long as the legal duty of act is not a matter of law, the legal duty of act is not a matter of law, and as such, the legal duty of act is not a matter of law, law, legal act, or preceding act, as well as in the case where the duty of act is expected under the principles of good faith, social rules, or sound reasoning.

However, the duty of action under the principle of trust and good faith or social rules or sound reasoning may be deemed to be responsible for protecting the legal interests of the other party and preventing any infringement on the other party due to the existence of a special fiduciary relationship due to a bloodly combined relationship or a contractual relationship.

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