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(영문) 대구지방법원 2017.05.25 2016나311863

구상금

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the first instance judgment, except for the following two parts among the judgment of the first instance, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Each “this Court” in Part 5, 10, and 11 shall be used to read “the court of first instance”;

(b) the content stated in the part “the appropriate insurance money of the Plaintiff” from 9(C) to 10(3) shall be amended as follows:

[C] Comprehensively taking account of the Plaintiff’s absence of dispute and the above facts, the Plaintiff shall pay F’s medical fees of KRW 12,421,61,612 equivalent to the remainder 70% of F’s negligence of KRW 17,745,160, and the remainder of KRW 38,794,800 (39,594,800, which is the amount prior to offsetting negligence applied to the Plaintiff - KRW 800,00, which is equivalent to 70% of the amount applied to the Plaintiff’s consolation money of KRW 27,156,360,360, and the sum of KRW 7,000,000, KRW 46,577,972 (i.e., KRW 12,421, KRW 27,156, KRW 760,000) 】 (i.e., KRW 365,605,2065,7065,75065.

(2) The Plaintiff shall pay the remainder of KRW 152,64,760, and the remainder of KRW 981,55,376 [the remainder of KRW 1,036 before offsetting negligence applied by the Plaintiff (=80,732,070/85%) - KRW 785,240,60,370, which correspond to 80% of the total amount of KRW 190,805,950, and KRW 152,644,760, and KRW 981,55,376 (the remainder of KRW 1,036,15,376 prior to offsetting negligence applied by the Plaintiff) - KRW 54,60,00,00, KRW 50,000, KRW 740,608, KRW 407,000, KRW 8500, KRW 407,000, KRW 74086,7408.7,008).