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(영문) 인천지방법원 2018.11.01 2018나50133

손해배상(자)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for the following modifications or additions. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Part of the decision of the court of first instance which has been written shall be referred to in subparagraph 2-d of the fifth; and

The pertinent part of the set-off for profit and loss is acknowledged to be that the Dong Fire Co., Ltd., the insurer of the Defendant C, paid the Plaintiff KRW 10 million in total with medical expenses of the Plaintiff at H Hospital, and Defendant C separately paid KRW 570,310,00,000,000,000,000 equivalent to KRW 30% of the Plaintiff’s negligence rate of KRW 10,570,310 paid by the Dong Fire Co., Ltd., and KRW 8,570,310,000 paid by the Defendant C, should be deducted from the Plaintiff’s damages. Therefore, the amount of damages that the Defendants are liable to compensate for to the Plaintiff shall be KRW 54,181,717,027 - KRW 8,570,310,000,000 per annum from the following day to the date of performance, and the pertinent part of the set-off of KRW 15,710,000,7100 per annum.

3. In addition, the Defendants asserted that the above KRW 10 million should be deducted from the amount of damages to be compensated for the Plaintiff, since Defendant B paid the Plaintiff a criminal agreement amount with regard to the instant accident. However, according to the evidence No. 14, the Defendants asserted that the above KRW 10 million should be deducted from the amount of damages to be compensated for the Plaintiff.