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(영문) 광주지방법원 2019.8.8. 선고 2018나62729 판결

손해배상(기)

Cases

2018Na62729 Damage

Plaintiff, Appellant and Appellant

A

Law Firm Macl, Attorney Park Ma-young

Attorney Cho Jae-sik

Defendant, appellant and appellee

1. School juristic person B;

2. C

[Defendant-Appellant] Lee Jae-chul and Jung-tae

The first instance judgment

Gwangju District Court Decision 2016Kadan718 Decided October 16, 2018

Conclusion of Pleadings

July 11, 2019

Imposition of Judgment

August 8, 2019

Text

1. All appeals filed by the Plaintiff and the Defendants are dismissed.

2. Of the costs of appeal, the part arising from the Plaintiff’s appeal is assessed against the Plaintiff, and the part arising from the Defendants’ appeal is assessed against each.

Purport of claim and appeal

1. Purport of claim

The defendants shall pay to each plaintiff 50,000,000 won with 15% interest per annum from the day following the day of service of a copy of the complaint of this case to the day of complete payment.

2. Purport of appeal

A. The plaintiff

Of the judgment of the first instance, the part against the Plaintiff corresponding to the amount ordered to be paid under the judgment shall be revoked. The Defendants shall pay to each Plaintiff the amount of KRW 27,00,000 and 15% interest per annum from the day after the delivery date of a copy of the complaint of this case to the day of full payment.

B. The Defendants

The part against the Defendants in the judgment of the first instance is revoked, and the Plaintiff’s claim corresponding to the revocation part is dismissed.

Reasons

1. Quotation of the first instance judgment

The reasoning of this court's judgment is as follows: "Indecent conduct in the second 19th 19th 19th of the judgment of the court of first instance"; "The value equivalent to the value equivalent to the value equivalent to the value equivalent to the value equivalent to the value equivalent to the Plaintiff's chest, etc. being driven by the Plaintiff while on board the back her driver's seat on November 12, 2013, 17:00; "Indecent conduct" is added to "the 19th 4th 19th 19th 19th 4th 19th 19th 2th 5th 2th 2th 2th of the judgment of the court of first instance"; "The defendant cannot be deemed to have recognized the fact equivalent to the Plaintiff's assertion." Thus, this is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the judgment of the court of first instance is legitimate, and all appeals filed by the plaintiff and the defendants are dismissed as it is without merit. It is so decided as per Disposition.

Judges

Judges Nam Sea-Ann

Judges Lee Jin-jin

Judges Kim Young-soo