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(영문) 부산고등법원(창원) 2015.05.14 2014나20496
손해배상(기)
Text

1.The part against the defendant in the judgment of the first instance, including a claim that has been reduced in the trial, shall be modified as follows:

Reasons

1. The grounds for the court’s explanation on this part of the underlying facts and the occurrence of liability for damages are as stated in the corresponding part of the reasoning of the judgment of the first instance except for the dismissal of some content as follows. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Attachment] Parts 5, 6 through 19 are as follows.

【B) The deceased’s lost income due to the instant accident is KRW 552,874,265, and the retirement allowance for the deceased was KRW 99,74,769, and the Plaintiff A disbursed KRW 3,000,000 as funeral expenses of the deceased due to the instant accident. Meanwhile, as the deceased’s negligence was 80% in the instant accident, the Defendant is liable for compensating for 20% of the said amount of damages. In addition, the Defendant is liable for compensating the deceased for consolation money as a result of the death of the deceased, and the Defendant is liable for paying KRW 6,00,000 to the deceased, and KRW 3,00,000 to the Plaintiffs, respectively.

C) In addition, inasmuch as the Plaintiffs received inheritance each of their 1/2 shares due to the deceased’s death, the Defendant ultimately paid to the Plaintiff KRW 71,861,903 [20 [3,00 won for funeral expenses x 20% x 1/20%) (61,261,903 won [2,874,265 won for lost income x 9,744,769 won for lost retirement income x 99,769 won) x 1/200 x 3,000 won for the deceased x 1/200 x 1/200 x 3,000 won for consolation money for the deceased x 71,261,903 won for the Plaintiff [2] [3,00 won for consolation money for lost income x 552,874,265 won for lost retirement allowance x 9,744,769 won x 1/200 won for lost money x 1/1/60000 won for delay.

C. In full view of the following circumstances, the above basic facts as to limitation of liability and Eul’s evidence Nos. 2 and 8, the result of commission of appraisal by the court of first instance to the Institute of Technical Evaluation of Traffic Accidents, and the purport of the entire pleadings as a result of commission of appraisal by the court of first instance to the F of appraiser F, the extent of exempting the deceased’s negligence from liability for damages.

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