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(영문) 서울고등법원 2016.04.21 2015나2067794

보험금

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

(b).

Reasons

The court's explanation of this case by the court of the first instance as to this case is the same as the reasoning of the judgment of the first instance, except for the following additional decision or dismissal, and thus, it shall accept it as it is by the main sentence of Article 420 of the Civil Procedure Act

[Supplementary or heighted parts] No. 9th 16th 16th , the defendant added the following contents to the following. 3) Since the deceased paid KRW 1,00,370 to an emergency room of the Katol University of the Seo-gu Incheon, Seo-gu, Incheon, for medical expenses incurred after being transferred to the International Scartol University of the International Nature Hospital, the amount equivalent to the percentage of the deceased's negligence should be deducted from the above amount. Thus, according to the evidence No. 3, the defendant paid KRW 1,00,370 to the above hospital as the medical expenses for the deceased on April 2, 2015, the defendant paid KRW 70,259 (=1,00,370 x 370 x 70%) equivalent to the percentage of the deceased's negligence among the above amounts should be deducted from the damages compensation amount the defendant paid to A.

This part of the defendant's argument is justified.

§ 10. The phrase “g.” of the 10th page shall be as follows:

A. According to the reasoning of the judgment below, the defendant's liability is limited to KRW 73,152,586 [the plaintiff's inheritance amount = KRW 66,652,586 [the plaintiff's property damages amounting to KRW 41,652,586 [the plaintiff's property damages amounting to KRW 42,352,845 - KRW 700,259] 25,000 property damages amounting to KRW 1,50,000, KRW 5,000 [the plaintiff's property damages amounting to KRW 5,00,000], KRW 2,00,000,000, and damages for delay from January 4, 2015, which is the date of the accident of this case to the date of the decision of the court below's determination that the defendant's obligation to pay to the plaintiff 15% per annum of the plaintiff's property damages amounting to KRW 15,2016.