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(영문) 서울고등법원 2011.02.24 2009나117463

손해배상(의)

Text

1.The judgment of the first instance shall be modified as follows:

The defendant is KRW 755,182,522 to the plaintiff and KRW 15 million to the plaintiff Eul.

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 for the following parts among the grounds of the judgment of the court of first instance. Thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

(a) each “80%” of the second sentence and the second sentence below on the 15th sentence of the first instance court shall be adjusted to “60%” respectively;

(b) have taken place the “973,576,696” of the last 18th sentence with “730,182,522 won”.

C. Plaintiff A: 30,000,000 won, 200,000 won, 20,000 won, 20,000 won, 200 won, 20,000 won, 20: (a) Plaintiff A:5 million won, 20,000 won, 20,000 won, 20,000 won, 20,000 won, 20: (b) of the first instance court decision; and (d) Plaintiff B.

Under the 20th judgment of the first instance court, the phrase “finites theory” from the second to the second below is written as follows:

E. According to the theory of lawsuit, the defendant is obligated to pay to the plaintiff A 75,182,522 won (i.e., property damage + 730,182,522 won + 25 million won + consolation money for the plaintiff B), and to pay to the plaintiff 15 million won as consolation money for the plaintiff C, D, and E respectively, and to the plaintiff 10 million won as consolation money for each of them from March 23, 2004, which is the date on which the accident of this case occurred, to dispute about the existence and scope of the defendant's duty of performance from March 23, 2004 until February 24, 201, which is the date on which the judgment of the court of first instance was rendered, 5% per annum under the Civil Act until February 24, 2011, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day until

3. In conclusion, the plaintiffs' claims of this case are accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. Since the judgment of the court of first instance is partially unfair, the defendant's appeal is partially accepted and the judgment of the court of first instance is modified as follows. It is so decided as per Disposition by the court of first instance.