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(영문) 서울중앙지방법원 2017.01.16 2016나52813

손해배상(기)

Text

1. Items 1 and 2 of the judgment of the court of first instance, including the plaintiff's claim expanded at the trial court, are as follows.

Reasons

1. The reasoning for the court’s explanation concerning this case is as follows: (a) under the second sentence of the judgment of the first instance, “the plaintiff” in the third sentence shall be deemed as “the plaintiff shall be the sum of the medical expenses until November 18, 2015,” and (b) under the main sentence of Article 420 of the Civil Procedure Act, except that the portion of “the decision” in the third through 5 is the same as that of the judgment of the first instance, and thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

C. According to the theory of lawsuit, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 7,079,000 (i.e., solatium amounting to KRW 79,000,000) and KRW 7,000 of solatium amounting to KRW 7,00,000, which is the tort day, to the Plaintiff. From January 6, 2014, and from November 18, 2015, the final payment date for KRW 79,000, the amount of damages for delay calculated at each rate of 15% per annum as stipulated in the Civil Act, from November 18, 2015, which is the date the final payment date, to the extent of the existence or scope of the Defendant’s obligation to perform; and 5% per annum as stipulated in the Civil Act, from January 16, 2017, from the next day to the date of full payment.

2. Thus, the plaintiff's claim, including the claim extended in the trial, is justified within the scope of the above recognition, and the remaining claim is dismissed as there is no ground. Accordingly, the judgment of the court of first instance is to be modified as above, and it is so decided as per Disposition as the plaintiff's claim expanded in the trial is partially accepted.