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(영문) 대전고등법원 2016.06.02 2015나14585

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant A in excess of the amount ordered to be paid below shall be revoked.

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 change of the corresponding part of the judgment of the court of first instance as stated in Article 20 of the Civil Procedure Act.

2. The 2nd part that is replaced shall be deleted from the 16th parallel to the 3rd parallel part.

Part 3 of Part 7 of the third part, the Defendant’s case non-life insurance (hereinafter “Defendant’s case non-life insurance”) is considered as “Defendant’s case non-life insurance.”

Pursuant to Part 19 of the 3rd page, the phrase "(based on recognition)" is inserted into the facts without dispute, Gap evidence 1 to 5, Eul evidence 2 and 5, and the purport of the whole pleadings.

The 4th 10th 10th Automatic Compensation Guarantee Act shall be regarded as the "Guarantee of Automobile Accident Compensation".

Part 5, Paragraph 13, "contractor of an automatic comprehensive insurance" is regarded as "contractor of an automobile comprehensive insurance".

Part 7 of the first to fifth shall be deleted.

The 8th parallel 14 to 17th parallel part is "5,926,474 won = 6,584,972 won ¡¿ 90% of the liability ratio."

The 11th mark is high as follows:

(1) The amount of insurance benefits. (2) The amount equivalent to the ratio of fault to the insurance benefits (i) the amount of damages (i) the amount of indemnity (ii) the amount of indemnity (ii) (iii) the amount of temporary layoff benefits 46,60,280 won - (iii) the amount of temporary layoff benefits 2,963,237 won 2,963,237 won 125,530,578 won of medical care benefits 139,478,420 won 125,530,578 won 62,765,289 won 62,765,289 won, 289 won 65,728,526 won and 12 others are as follows:

"Therefore, the defendants jointly protest against the plaintiff from February 10, 2015, the following day after the date of the final insurance benefit payment that the plaintiff sought, which is the day after February 10, 2015, with respect to the existence and scope of the defendants' obligation, until June 2, 2016, which is the date of the judgment of the court of first instance. The remaining defendants are 5% per annum under each civil law until October 7, 2015, which is the date of the judgment of the court of first instance, and 5% per annum under each civil law until the date of full payment.