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(영문) 서울중앙지방법원 2019.08.30 2018나80942

구상금

Text

1. Of the part against Defendant D in the judgment of the court of first instance, the Plaintiff lost the amount equivalent to the following order of payment.

Reasons

1. The reasoning of the judgment of the court of first instance for the acceptance of the judgment is as stated in the reasoning of the judgment of the court of first instance, except for the following dismissal: (a) the 50% "50%" of the 8th judgment of the court of first instance as "60%"; and (b) the 9th 5 through 10th 9 are as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. Accordingly, Defendant D is liable to pay the above insurance proceeds to the Plaintiff who acquired by subrogation the right to claim damages against Defendant D with the indemnity amount of KRW 13,251,60 (i.e., KRW 22,086,00 x 60% of the above insurance proceeds x part of Defendant D’s liability) and KRW 11,043,00, which is the cited in the judgment of the court of first instance after the payment date of insurance proceeds, to dispute over the existence or scope of the obligation of the Plaintiff from May 10, 2016 to the date of the judgment of the first instance, which is the date of the decision of the first instance, which is the date of the payment of insurance proceeds, and KRW 5% per annum as stipulated in the Civil Act until November 16, 2018; KRW 2,208,600, KRW 1300,000, KRW 150,000 of the total amount of the obligation to pay damages to the Plaintiff; and KRW 20130,15.15% of the judgment.

3. In conclusion, each claim against the above Defendants B and C shall be dismissed as it is without merit. Since the part of the judgment of the court of first instance against the above Defendants is justified, each appeal against the above Defendants is dismissed as it is without merit. The plaintiff's defendant is the defendant.