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(영문) 서울고등법원 2013.02.07 2012나83584

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid under paragraph 2 below shall be cancelled.

Reasons

1. The reasoning of the judgment of the court of first instance for the acceptance of the reasoning of the judgment of the court of first instance is different from that of the judgment of the court of first instance.

The part of the claim(s) is modified as set forth in the following Paragraph 2, and the judgment of the defendant in the trial is added to the reasoning of the judgment of the court of first instance, except for the addition of the judgment as set forth in Paragraph 3 below, thereby citing it by the main sentence of Article 420 of the Civil Procedure

2. Accordingly, according to the changed portion, with respect to damages of KRW 103,49, and KRW 58,49 from the date following the end of the period for calculating damages for delay until the end of May 2012 to KRW 58,49,149, the Defendant shall be deemed to have paid damages for delay from June 1, 2012 to KRW 45,00,00 for damages for delay from the date of the end of the period for calculating damages for delay until the end of May 1, 2012 to the date of closing of argument in the instant case [where there is a considerable change in the amount of damages for delay after the lapse of a long period of time between the time of tort and the time of closing of argument, the damages for delay due to tort shall be deemed to have occurred from the date of closing of argument in the relevant fact-finding court, which is the base date for calculating damages for delay, until 0% of the annual amount of damages for delay damages for delay from KRW 20,500,000 per annum from the date after the closing of argument.