(영문) 창원지방법원 2017.05.11 2016나56346

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2017.05.11 2016나56346

손해배상(자)

Text

1. The following portion of the judgment of the court of first instance against Defendant Private Passenger Transport Business Association is paid.

Reasons

1. The court's explanation on this part of the occurrence of the liability for damages is the same as the part corresponding to the reasoning of the judgment of the court of first instance. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Scope of liability for damages

A. Medical expenses and funeral expenses [A] Medical expenses: 431,870 won for the body transportation expenses (250,000 won) of the medical expenses claimed by the Plaintiff (Appointed Party) are included in the funeral expenses as follows. Except for these, Gap evidence 4-2,870 won (=191,870 won 240,000 won) may be recognized as the medical expenses according to each statement in subparagraph 4-2, 4. The plaintiff (Appointed Party) shall claim that 16,404,120 won, which is the actual expenses of the deceased’s funeral, should be recognized as the funeral expenses that the Defendants shall compensate for. However, Gap evidence 4-3,5,120 won, which is deemed reasonable within the scope of the amount paid by the deceased’s funeral expenses, shall not be accepted as the plaintiff’s assertion that the amount claimed for reimbursement for funeral expenses exceeds the amount recognized as reasonable within the scope of the amount paid by the deceased’s funeral expenses (appointed Party).

(b) Limitation of liability: Liability of the Defendants 30% 1,629,561 = [431,870 won 5,00,000 won x 30%)

C. The consolation money shall be recognized as KRW 16,00,000, respectively, to the deceased, in consideration of all the circumstances shown in the argument of the instant case, including the details and result of the instant accident, the age and degree of negligence of the deceased, the personal relationship between the Plaintiff (Appointed Party) and the designated parties, and the fact that F paid a criminal agreement to the designated parties D in connection with the instant accident.

1) Amount subject to inheritance: 16,00,000 won for consolation money of the deceased 16,00,000 won for the heir: The heir calculated by the plaintiff (Appointed Party) and the heir B, C, and D (Share 3) for each heir: 4,000,000 won for each (=16,000,000 won 】 1/4

E. Therefore, the Defendants are subject to the doctrine of lawsuit.

참조조문

-민사소송법 제420조

유사 판례

-서울서부지방법원 2017.05.12 2016나3793

-대구지방법원 2018.11.08 2018나305695

-창원지방법원 2020.12.24 2020가합53715

-대구지방법원 안동지원 2017.02.17 2016가단21735

-대전고등법원 2019.06.20 2019나11478