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The part of the lower judgment against the Plaintiff regarding lost income damages is reversed, and this part of the case is remanded.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. According to the reasoning of the lower judgment as to lost income damages, the lower court determined the Defendant’s liability by citing the first instance judgment to limit the Defendant’s liability to 60%, and comprehensively taking account of the evidence in its holding, found that the Plaintiff’s lost income was 159,958,082 won in calculating the amount of property damages equivalent to the Plaintiff’s lost income to be borne by the Defendant, the lower court erred by misapprehending the result of the calculation as “63,983,232 won (==159,958,082 won x 60%)”
The judgment of the court below is inconsistent with the reasoning, which affected the conclusion of the judgment.
The ground of appeal assigning this error is with merit.
2. The amount of consolation money for emotional distress suffered by tort may be determined at the discretion of the fact-finding court, in consideration of various circumstances.
(1) In light of the aforementioned legal principles and records, the court below’s determination of the amount of consolation money against the Plaintiff is justifiable in light of the aforementioned legal principles and records. In so doing, contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by exceeding the scope of discretion regarding the calculation of consolation money or by
3. Therefore, the part of the judgment of the court below against the plaintiff is reversed, and that part of the case is remanded to the court below for further proceedings consistent with this Opinion. The remaining appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.