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(영문) 서울중앙지방법원 2018.09.21 2017나69535
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. The reasoning of the court of the first instance’s explanation concerning the instant case is as follows, and thus, it is consistent with the reasoning of the first instance judgment, except where the instant case is used or added as follows. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act

2. A statement of calculation of damages in attached Form 1 of the judgment of the court of first instance which is written or added shall be replaced by that of this judgment;

The 5th to 5th 6th tier of the first instance judgment shall be followed as follows.

In light of all circumstances, “However, the instant accident is an accident that occurred on the lower part of the shoulder, and it is not easy to secure the view with surrounding structures and columns, etc., and the Deceased, as opposed to the ten-lane side of the expressway 10-lanes where pedestrians are prohibited from crossing, taking into account the fact that the instant accident was occurred while crossing the expressway in an abnormal manner, which is going back from the six-lane side to the rear, the Deceased’s negligence is a major cause for the instant accident. Therefore, the Defendant’s responsibility is limited to 30% in light of the overall circumstances seen earlier.” The Defendant’s responsibility is limited to the Defendant’s liability is limited to 5th sentence of the first instance judgment as follows.

[5] Sub-determinations: 386,562,80 Won. 6.3 through 20 of the first instance judgment of the court of first instance shall be conducted in accordance with the following subparagraphs.

Limitation of Liability: 30% of the defendant's liability

D. The deceased’s 30,000,000 won and 3,000,000 won, respectively, shall be recognized in consideration of all the circumstances shown in the arguments of the instant case, such as the background of the instant accident, the circumstances after the accident, the deceased’s age, and the relationship between the deceased and the Plaintiffs.

(e) Amount to be inherited: 145,968,864 won (=property damage 115,968,864 won (=386,562,880 won x 30%) + 30,000,000 won) 2) Inheritance shares: Each of the Plaintiffs’ inheritance shares: 72,984,432 won, respectively.

H. Accordingly, according to the lawsuit, the Defendant: (a) KRW 77,484,432 [the inheritance amount = KRW 72,984,432 + funeral expenses KRW 1,500,000 + KRW 3,000,000 + 75,984,432 = the inheritance amount of KRW 72,984.

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