Cases
(State) 2015Na351 Compensation
Plaintiff, Appellants and Appellants
1. High ○○
2. Mo○○
3. △△;
[Judgment of the court below]
Defendant, Appellant and Appellant
Jeju Special Self-Governing Province
The representative of the Do Governor shall do so.
Attorney Lee In-bok, Counsel for the defendant-appellant
The first instance judgment
Jeju District Court Decision 2014Gahap5360 Decided February 5, 2015
Conclusion of Pleadings
July 22, 2015
Imposition of Judgment
August 19, 2015
Text
1. All appeals filed by the plaintiffs and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
Purport of claim and appeal
1. Purport of claim
Defendant: 93, 750, 000, and 56, 250, 000 to Hu○○○ and each of the plaintiffs, respectively, and to Do○○○○, both of the plaintiffs, 56, 250, 000
The lawsuit in this case from February 24, 2014 on the money of KRW 37, 500, 000 and each of the above money to the plaintiff Won, the Hasan, and the Hasan.
Until the service date of a duplicate, 5% per annum and 20% per annum from the next day to the day of complete payment.
D. The sum of the calculated amounts is paid.
2. Purport of appeal
A. The plaintiffs
Of the judgment of the first instance court, the part against the plaintiffs falling under the order to pay below shall be revoked.
Defendant’s Hu○○ and each Plaintiff’s Da○○ and each other’s Da○○○, KRW 46,875,00, and KRW 00,000, respectively, to both Plaintiff and each other.
28, 125,00 won, Plaintiff 18, 750, 000 won, and each of the said money to Plaintiff △△△, and the said money from February 24, 2014.
Until the delivery date of a duplicate of the complaint of this case, 5% per annum, and 20% per annum from the following day to the date of complete payment.
The payment of each proportion of money shall be made.
(b) Defendant;
In the judgment of the court of first instance, the part against the defendant shall be revoked and the plaintiffs' claims corresponding to the above revocation part shall be
each of them is dismissed.
Reasons
1. Quotation of judgment of the first instance;
The reasons why the court should explain this case are modified by the court of first instance except for the following changes:
Civil Procedure because the reasoning of the judgment is the same as that of the matters related to the plaintiffs and the defendant.
It shall be quoted as is in accordance with the main sentence of Article 420 of the Act.
○ Judgment of the first instance court No. 4, 3 to 4, on the ground that the phrase “(s) by Defendant Hu○-○, on this basis, appeal by the lower court
The second final appeal is continuing to be dismissed) “A” is deleted.
○ Judgment of the first instance court, on the 6th day below, was known, and thus, “B” was known or material.
Since it was not known due to the fact that "a change to the road" was made.
○ In the first instance court’s judgment No. 5 of the 7th instance court’s judgment, “A person was aware or was seriously aware”
It is insufficient to recognize that there was no knowledge due to negligence, and "change to the route"
○ A written judgment of the first instance court No. 10 in the annexed Form No. 10
2. Conclusion
Therefore, the judgment of the first instance court is justifiable, and all appeals by the plaintiffs and the defendant are dismissed.
It is so decided as per Disposition.
Judges
Judges Kim Jong-ho
Judges Jeon Young-soo
Judges So-young