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(영문) 서울고등법원 2017.10.13 2017나2029925

손해배상(기)

Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons for the recognition of the reasons for the judgment of the court of first instance are as follows: (a) the “actual damage” of the 11th judgment of the court of first instance is written as “actual income”; and (b) the part against the defendant among the reasons for the judgment of the court of first instance is identical to the part against the defendant among the reasons for the judgment of the court of first instance, except where the decision of the defendant as to the defendant’s argument

2. Determination of the attached articles

A. Defendant’s assertion 1) In light of the following circumstances, it is difficult to see that there is a proximate causal relation between the Defendant’s assault and the death of E. The Defendant was indicted and sentenced to conviction for the crime of assault, not the crime of homicide. ② The Defendant was not recorded in the black box installed on the Defendant’s vehicle, wherein E is infinite, or the Defendant was infinite to stop the assault. ③ The inside of the Defendant’s vehicle is very familiar to E, and the Defendant’s vehicle was not infinite to cause fear. ④ The location of the instant accident was located at a place that is far away from E’s house, and at that time, the Defendant was driving the vehicle as the so-called “batt” of only two persons who were infinite E, and thus, E was located at a higher place than usual, and it was well aware that the instant accident occurred beyond the rail installed at the edge of it.) The Defendant’s limitation of liability should be recognized to be less than 40% recognized by the court of first instance.

3) Since the marital relationship between Plaintiff A and E has already disappeared, the Defendant is not obligated to pay consolation money to Plaintiff A on the ground of an unlawful act between the Defendant and E. (B) as seen earlier, as seen earlier, the Defendant, from January 21, 2016 to January 18:10, 2016, on the day of the instant accident, 50 instances of telephone calls to E, thereby making abusive language containing abusive remarks and intimidation in cases where telephone calls are connected to E at least 50 times. From around 20:52, at around 20:52, E talks with the Defendant’s speech and abusive language.