(영문) 서울고등법원 2009. 9. 10. 선고 2009나22053 판결[손해배상(기)][미간행]
Plaintiff 1 and one other (Attorney Han Han-soo, Counsel for the plaintiff-appellant)
Defendant (Attorney Song-sub et al., Counsel for defendant-appellant)
June 30, 2009
Suwon District Court Decision 2008Gahap4236 Decided February 5, 2009
1. Of the judgment of the court of first instance, the part against the defendant ordering payment of the plaintiff 1 to the defendant in excess of 14,729,906 won, 14,429,906 won, and 5% per annum from February 12, 2008 to September 10, 2009, and 20% per annum from the next day to the date of full payment, and the part against the defendant ordering payment to the defendant in excess of 14,729,906 won, and each of them shall be dismissed. The plaintiffs' claim corresponding to the revoked part shall be dismissed.
2. The defendant's remaining appeal is dismissed.
3. The total cost of a lawsuit shall be borne individually by each party.
1. Purport of claim
The defendant shall pay 106,458,825 won to the plaintiff 1, 103,458,825 won to the plaintiff 2, and 5% per annum from February 12, 2008 to the service date of a copy of the complaint of this case, and 20% per annum from the next day to the day of full payment.
2. Purport of appeal
The part against the defendant in the judgment of the first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
1. Quotation of judgment of the first instance;
The reasoning for the court's explanation on the instant case is as follows: (a) the second-class "10,00,000 won" under the first-class judgment No. 5 shall be deemed to be "6,00,000 won"; (b) the first-class "5,00,000 won" under the fifth-class judgment shall be deemed to be "3,00,000 won"; and (c) the third-class "13,429,906 won (16,859,813 + 10,000 won + 1/2)" under the third-class judgment No. 6 shall be deemed to be "11,429,906 won (16,859,813 won + 6,00,000 won + 1/200 won)" under the second-class judgment of the court of first-class judgment; and (d) the third-class judgment shall be cited under the main sentence of Article 20 of the Civil Procedure Act as follows.
2. Conclusion
Therefore, the defendant is liable to compensate the plaintiff 1 for damages, 14,729,906 won (11,429,906 won + funeral expenses of 300,000,000 won + funeral expenses of 300,000 won), 14,429,906 won (i.e., inheritance + 11,429,906 won + 3,000,000 won) and each of them, which is the date of the accident of this case, it is reasonable for the defendant to dispute about the existence and scope of the obligation, from February 12, 2008 to September 10, 2009, which is the date the judgment of the court of first instance ordering the defendant to pay the remainder of the plaintiffs' damages for delay calculated at a rate of 20% per annum as stipulated by the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc. (the plaintiff's remaining claims for damages for delay from the next day to the date of complete payment are dismissed.)
Judges highest fever (Presiding Judge)
In case of being unable to sign and seal by a judge Kim Jong-sub Research Judge