beta
(영문) 서울중앙지방법원 2016.04.22 2014나55948

구상금

Text

1.The judgment of the first instance shall be modified as follows:

The Defendants are 27,517,860 won and 21,214.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except that the part of the first instance court's 4th to 2, 2, and 5th to 5th, and the part of the 7th to 8th, 12th (c) of the 7th, 4th to 5th, and the part of the 5th, 5th to 17th, are as stated in the reasoning of the first instance court's judgment, and that the 5th, "9th," in the 5th, is identical to the part of the 17th, and thus, it is acceptable pursuant

[The portion revised from No. 4 of the first instance judgment to No. 5] “(1) The Plaintiff paid KRW 50,517,860,00 in total as damages equivalent to the amount of E medical expenses 20,617,860, future medical treatment expenses, damages equivalent to E’s direct non-performance of office, consolation money, and daily income ( permanently 9.6%) out of the aforementioned comprehensive automobile insurance contract (the portion revised from No. 7 of the first instance judgment to No. 12).” [The Defendants paid KRW 50,517,860 in total as damages equivalent to the amount of E’s medical expenses 20,617,860,000, 29,000 in total, from May 30, 2013]

27,517,860 won (=50,517,860 won - 19,00,000 won - 4,000,000 won) which was cited in the judgment of the court of first instance, and 21,214,288 won which was cited in the judgment of the court of first instance, from May 31, 2013 (from May 31, 2013, the day following the date of payment of the Plaintiff’s final insurance money) (from July 6, 2012, “from July 6, 2012,” under Section 12 of the judgment of the court of first instance.

() 5% per annum prescribed by the Civil Act until August 28, 2014, which is the date of a judgment of the court of first instance, where it is deemed reasonable for the Defendants to resist on the existence or scope of their obligations, and 6,303,572 won (=27,517,860 won) to order additional payments in the remaining trial (i.e., 27,517,860 won)