손해배상(기)
1. Of the judgment of the court of first instance, KRW 72,670,967 against the Plaintiff as to the Defendant and its related amount, from June 27, 2014 to August 28, 2018.
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the ground of the judgment of the court of first instance, except for adding the following judgments, and thus, it is acceptable as it is by the main sentence of
(However, the defendant asserts that KRW 1,969,530, paid by the defendant, out of the previous medical expenses, should be deducted from the damages of this case. According to the purport of Gap evidence 1-1 to 26 and the whole pleadings, the defendant paid KRW 1,969,530, out of the plaintiff's previous medical expenses. Thus, the above amount should be deducted from the damages of this case.
Therefore, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 72,670,967 (i.e., KRW 74,640,497 - KRW 1,969,530) and damages for delay calculated by applying each rate of 5% per annum under the Civil Act from June 27, 2014, which is the date of this decision, which is reasonable to dispute the existence and scope of the Defendant’s obligations, until August 28, 2018, and from the next day to the date of full payment.
3. In conclusion, the plaintiff's claim shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed due to the lack of reasonable grounds.
The part of the judgment of the court of first instance against the defendant ordering payment in excess of the above recognized amount is unfair, and thus, the defendant's appeal partially accepted and revoked and the plaintiff's claim corresponding to the revoked portion is dismissed. The plaintiffs' appeal and the remaining appeal by the defendant are dismissed as they are without merit. It is so decided as per Disposition.