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(영문) 서울중앙지방법원 2020.04.09 2019나53558
손해배상(자)
Text

1. The judgment of the first instance court, including the plaintiffs' claims extended in the trial, shall be modified as follows:

Reasons

1. The reasoning for this part of the court’s liability for damages is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420

The Defendant’s argument in the trial related to the limitation of liability does not differ significantly from the allegations in the first instance trial, and even if all evidence are re-examineed, the first instance court’s decision on this part is acceptable). 2. The reasoning for this part is that this court’s reasoning is the corresponding part of the judgment in the first instance, except for the dismissal, deletion, and addition as follows, and thus, it is acceptable to accept it as is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Attached Form

The damages calculation table is added to the attached table of damages calculation in this judgment.

The fifth sentence "361,332,526 won" shall be deemed "398,388,505 won".

Part 6 of Paragraph 3 of the 6th page "the fact that the plaintiffs received KRW 55,00,000 as criminal agreement amount" shall be deleted.

Part 6 of the 5th sentence “the deceased 80,000,000” shall be “the deceased 100,000,000”.

Part 6 of the 6th parallel to 12 shall be as follows.

D. The Plaintiffs jointly inherited the amount of KRW 498,388,505 ( = Property damage KRW 398,388,505 + 100,000 + 100,000 + 100,000 shares of the Plaintiffs). (e) Plaintiff A: 264,194,252 (= inheritance amount of KRW 249,194,252 + Funeral expenses of KRW 5,00,000 + KRW 10,000 + 10,000 for funeral expenses of KRW 259,194,252 (= inheritance amount of KRW 249,194,252 + 10,000 for consolation money)

3. According to the conclusion, the Defendant: (a) with respect to KRW 264,194,252 and KRW 235,66,263, which is the cited amount of the judgment of the first instance court, from February 13, 2016 to August 23, 2019; (b) 5% per annum as prescribed by the Civil Act from February 13, 2016 to August 23, 2019; (c) 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment; and (d) 28,527,989, which is additionally cited at the trial of the first instance, from February 13, 2016 to the date of the final judgment of the

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