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(영문) 춘천지방법원 2020.01.15 2017나53306

구상금

Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended by this court, is modified as follows.

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.

Accordingly, the reasoning of the judgment of this court is as follows, given that the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance except for the dismissal or addition as follows.

(However, the part of the amount of indemnity against F, for which the Defendant’s withdrawal of appeal and the decision of separation has become final and conclusive, shall be added as evidence of fact-finding each of the evidence Nos. 10, 11, and 15 submitted by the Plaintiff to this court.

Of the grounds of the judgment of the first instance, the term "J" shall be deemed to be "Plaintiff Assistant Intervenor", and the term "this court" to "the first instance court", respectively.

In the third top sentence of the judgment of the first instance, “The plaintiff additionally paid KRW 21,372,580 to the supplementary participant of the plaintiff from August 19, 2015 to April 25, 2018. The defendant repaid KRW 4,120,990 to the plaintiff. The plaintiff again paid KRW 6,169,40 to the supplementary participant of the plaintiff from May 18, 2018 to March 21, 2019.”

In the fifth top six acts of the judgment of the court of first instance, "Abia Defendant, and the Plaintiff’s claim, on March 21, 2019, KRW 27,541,980 (= KRW 21,372,580, KRW 6,169,40) calculated by subtracting KRW 4,120,90 repaid by the Plaintiff from the Defendant from KRW 23,420,990, and KRW 17,251,590 (= KRW 21,372,580 – KRW 4,120,90) from the final payment date of the insurance proceeds to the Plaintiff’s Intervenor by March 21, 2019, the remainder of the insurance proceeds claimed by the Plaintiff from April 26, 2018 to June 20, 2018; and KRW 36,590 from the date of the payment of the insurance proceeds to the Plaintiff’s final delivery date, as requested by the Plaintiff.