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(영문) 서울중앙지방법원 2016.07.15 2016나2399

손해배상(자)

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is used as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The “amount of damages calculation table” in Section 6 of the dried part shall be replaced by the following corresponding table:

Part 4, "No. 4, 2015, which is the day following the closing date of pleadings, shall be added to " June 1, 2016, which is the day following the closing date of pleadings".

Part 4, 6, and 7 shall be cut to the following:

[2] Calculation. 1,70,250 Won 1,00 as indicated below: 21,572,262 Won 25,262 [2] The Plaintiff’s property damage amount: 25,379,132 Won : 23,60,857 Won 1,770,275 Won x 0.85]; 21,572 1,262 of the Plaintiff’s property damage amount as listed below 25,379 x 1,770,275]; 3.85 .] The 5th 1st through 9th 5th 5th 5th .

[F. The defendant is obligated to pay to the plaintiff 23,246,067 won (=21,572,262 won - 1,326,195 won 3,00,000 won) and damages for delay calculated at each rate of 15% per annum as prescribed by the Civil Act from September 25, 2012, which is the date of the judgment of the court of the party where it is deemed reasonable to dispute as to the existence or scope of the defendant's obligation to pay to the plaintiff from September 25, 2012 to July 15, 2016, and from the following day to the date of full payment.]

3. In conclusion, the plaintiff's claim is justified within the above scope of recognition and the remaining claims are dismissed without merit. Since the part against the defendant who ordered payment exceeding the above recognized amount among the judgment of the court of first instance that different conclusions is unfair, it is revoked and the plaintiff's claim corresponding to the revoked part is dismissed, and the defendant's remaining appeal is dismissed as it is without merit. It is so decided as per Disposition.