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(영문) 인천지방법원 2017.07.04 2016나60112

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 is revoked.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and the reasoning of the court's ruling is as stated in the reasoning of the court of first instance except for the dismissal of part of the grounds of the judgment of the court of first instance. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article

【The height of the reasons for the judgment of the first instance court’s judgment】 Part 2, column 14, “at the same location one,” shall be deemed to be “at the same location in the mast intersection.”

Part 3, "At the first lane" in 11-12 shall be deleted.

From the 5th to the 6th 2th 2th . Meanwhile, according to the evidence evidence No. 11, the defendant was found to have spent the total of KRW 9,596,870 for the treatment of the plaintiff's accident in this case from July 17, 2013 to April 27, 2016. Thus, 1,919,374 (=9,596,870 won x 0.2) corresponding to the ratio of the defendant's fault among the above amounts should be deducted.

"Ero-friendly".

The 6th parallel 7 to 13th parallel.

Therefore, according to the theory of the lawsuit, the defendant is obligated to pay to the plaintiff 25,873,185 won [20,873,185 won [20,873,59 won [22,792,559 won - 1,919,374 won] 5,00,000 won as well as damages for delay calculated by 15% per annum as stipulated in the Civil Act from July 5, 2013 to July 4, 2017, which is the date the judgment of the court of first instance, to dispute about the existence and scope of the defendant's obligation to pay to the plaintiff for damages caused by the accident of this case.

"Ero-friendly".

2. In conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. Since the part against the defendant who ordered payment in excess of the above recognition amount in the judgment of the court of first instance is unfair, it shall be revoked and it falls under the revoked part.