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(영문) 서울중앙지방법원 2019.08.22 2018나70945

손해배상(자)

Text

1. Of the parts relating to the principal lawsuit in the judgment of the court of first instance, the following additional payments shall be paid.

Reasons

1. The reasoning for this case by the court of first instance is the same as the reasoning for the judgment of the court of first instance, except for the addition or dismissal as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The calculation table of the amount of damages in the attached Form of the judgment of the court of first instance in addition or in written form shall be changed to the calculation table of the amount of damages in the judgment of the court

Following the 5th judgment of the first instance court, the phrase “5,00,000 won” shall be added to the following:

Part 5 of Part 15 of the first instance judgment "3,00,000 won" shall be used as "2,310,000 won", and following the 16th instance judgment, "no evidence exists that the above appraisal costs have been paid under the agreement with the defendant" shall be added.

Judgment of the first instance court

(g) h;

subsection (1) shall be filled by the following:

(g) Inheritance: 95,121,757 won (=property damage 65,121,757 won 30,000,000 won) Inheritance Amount: 47,560,878 won (=95,121,757 won x 1/2 of each inheritance share x 1/2 of the facts without any grounds for recognition x 65,121,757)

H. According to the theory of lawsuit, the Defendant: (a) calculated the annual rate of KRW 50,310,878 for each of the Plaintiffs [the inheritance amounting to KRW 47,560,878 x KRW 750,000 for funeral expenses of KRW 750,00 for inheritance amounting to KRW 5,000 x 30%) x 1/2) x 48,469,604 for each of the following items (the amount cited in the first instance trial) after the date of the accident in this case; (b) 5% per annum as stipulated in the Civil Act from May 30, 2017 to October 17, 2018; (c) 1,841,274 for each of the following day until the date of full payment; and (d) 25% per annum as to property damages from the date of the first instance trial to the date of full payment; and (d) 25% per annum as to whether the Defendant’s property damages from the second fifth to 25.