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(영문) 서울중앙지방법원 2020.06.11 2019나78007
손해배상(자) 청구의 소
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs corresponding to the amount ordered to be paid below shall be revoked.

Reasons

1. Of the grounds for appeal by the plaintiff and the defendant, the plaintiff's assertion on the deceased's negligence is not significantly different from the allegations in the court below, and the judgment of the court of first instance on this issue is just even if all evidences, including the evidence submitted in this court, are reviewed again.

Therefore, the court's explanation on this part is the same as 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 of the Civil Procedure Act.

2. The court's explanation on this part of the scope of liability for damages is the same as the corresponding part of the judgment of the court of first instance, except for the following parts, and thus, this part is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[C] The "attached Form of Calculation of Damages" is added to the "attached Form of Calculation of Damages" in this judgment.

The “Calculation of the Deceased’s Work Income 5)” on the fourth side is as follows: (a) Calculation of the amount of damages calculated: the sum of KRW 155,006,097 is the sum of KRW 155,00,097 indicated in the separate sheet of calculation of damages. The portion of “the Work Income 5” in Articles 4 and 5 is as follows.

E. Compensation 1) Reasons for consideration: All the circumstances revealed in the arguments of this case, such as the background leading to the accident of this case, the age and degree of negligence of the deceased, and the personal relations between the deceased and the plaintiffs: 90,000,000 won for the deceased, and 4,000,000 won for each of the plaintiffs.

F. The Plaintiffs jointly inherited the amount of KRW 229,532,487 (i.e., KRW 139,532,487, a property damage of KRW 139,532,487).

G. Plaintiff A: 85,010,829 won ( = inheritance amount of KRW 76,510,829: Funeral expenses of KRW 4,500,000 for funeral expenses of KRW 4,500,000 for funeral expenses of KRW 4,000 for funeral expenses) Plaintiff B, and C: Each of 80,510,829 won ( = inheritance amount of KRW 76,510,829 for solatium 4,00,000 for consolation money)

3. According to the conclusion, the Defendant’s conclusion: ① KRW 85,010,829 as damages for damage to Plaintiff A and KRW 79,235,00 as cited in the first instance trial among them, the date of accident, from December 12, 2018, shall be the first instance court.

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