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(영문) 서울중앙지방법원 2019.06.13 2018나66793

부당이득금

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the counterclaim claim filed by this court are dismissed.

2. Costs of appeal; and

Reasons

1. The reasoning for this part of the judgment on the principal lawsuit is the same as that for the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure

2. The judgment on the counterclaim is a counterclaim at the trial court, that is, the damage incurred by the Defendant due to the instant accident, namely, the damage, from April 5, 2009 to August 31, 2018, the amount of KRW 67,800,000, the amount of damages for the discontinuance of a physical therapy, the amount of KRW 80,000, the amount of traffic expenses for the purchase of physical therapy, KRW 25,000,000, the amount of KRW 4,400,000, the attorney’s fee, KRW 4,000, the amount of KRW 300,000, the amount of perusal of the document security appraisal, and KRW 50,000,000, the amount of the post-treatment treatment expenses, KRW 30,00,000, KRW 262,50,000,000, and damages for delay.

On the other hand, it is difficult to view that there is a proximate causal relation between the Defendant’s injury caused by the instant accident and the injury caused by the instant accident is light salt, urine, urine salt, and the Defendant continued to be affected by the Defendant through the dog and dog to February 24, 2009. Considering that the degree of contribution to the accident was 50%, and that the remaining disability is not anticipated, the degree of contribution to the accident is not anticipated. Thus, the evidence submitted by the Defendant alone is sufficient to view that the damage caused by the actual income or closure of business during the period of treatment for the instant accident, the cost of transportation, post gift treatment, attorney’s fee, document security appraisal (it should be determined separately in the procedure for determining litigation costs even if the attorney’s fee and document security appraisal statement are included in some claims, and that the amount of consolation money has already been determined within the limit of 10 million won in all the arguments as seen earlier.