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(영문) 서울고등법원 2015.09.10 2015나2027079
손해배상
Text

1. The judgment of remanding the judgment of the court of first instance, including Plaintiff A’s claim extended by this court before remanding the case, is Supreme Court Decision May 2015.

Reasons

1. The scope of this court’s judgment: (a) Plaintiff A claimed the Defendant for property damage caused by the Defendant’s unlawful act, (b) R, parents, and (c) consolation money inherited from the Defendant’s illegal act; and (c) the rest of the Plaintiffs claimed the inherited consolation money in cases where there is inherited consolation money from the Defendant’s inherent consolation money due to the Defendant’s illegal act, and from the above parents; and (b) the judgment of the first instance recognized the amount indicated in the “amount of compensation before refund” in the Plaintiffs’ claim for consolation money and its delay damages.

Accordingly, each of the plaintiffs and the defendant appealed against the losing part, and this court accepted part of the defendant's appeal against the plaintiff A and changed the part concerning the property damage in the plaintiff's lawsuit to dismiss it.

The plaintiffs and the defendant respectively appealed against the losing part, and the Supreme Court reversed the part against the plaintiffs except the plaintiff A and the part against the plaintiff A as to the claim for consolation money, and remanded it to this court.

Therefore, since the part against the defendant and the part against the plaintiff as to property damage in the judgment of this court before remand is separated and confirmed, the scope of the judgment of this court after remand is limited to the part against the plaintiffs except the plaintiff A and the part against the plaintiff as to the claim for consolation money.

2. The court's explanation on this part of the basic facts is the same as the part of "1. Basic Facts" among the grounds of the judgment of the court of first instance. Thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

3. Occurrence and scope of liability for damages;

A. The reasoning for the court’s explanation on this part is as follows: “The Plaintiff’s property damage and the remaining Plaintiffs and the deceased’s damage inflicted on the Plaintiff’s family members” in the fifth 15th eth of the judgment of the first instance.

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