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(영문) 서울중앙지방법원 2016.10.07 2016나33270
손해배상(자)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

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 where part of the judgment of the court of first instance is used as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The "statement of calculation of damages" in Section 7 of the judgment of the court of first instance shall be replaced by the following table:

The first instance court's decision Nos. 4, 1 and 2 "the results of the physical examination commissioned to the head of the Seoul Hospital Hospital of this court and the results of fact inquiry" shall be followed by "the results of the physical examination commissioned to the head of the Seoul Hospital of the first instance court and the results of fact inquiry."

From 4th to 17th of the judgment of the first instance court, the following shall apply:

4,267,200 won (i.e., 96,00 won testing expenses of KRW 1,80,000 for light-water treatment expenses of KRW 1,80,00 for light-water treatment expenses of KRW 1,80,00 for light-water treatment expenses of KRW 1,296,00 for light-water treatment expenses of KRW 475,200 for light-water treatment expenses of KRW 475,200 for light-water treatment expenses of KRW 450,00 for light-water treatment expenses of KRW 1,296,00 for the purpose of treating the Plaintiff in light of the foregoing treatment by the date of the closing of arguments in the trial, and there is no evidence that the Plaintiff paid the above treatment by the date of the closing of arguments in the trial, and the interim interest shall be deducted from the day following the day of the closing of arguments in the court of first instance. The calculation is as listed below.

From 6th to 8th of the judgment of the first instance court, the following shall apply:

G. If so, the defendant's lawsuit is reasonable to dispute about the existence or scope of the defendant's duty of performance from June 15, 2014, which was the date of the occurrence of the accident in this case, to Oct. 7, 2016, and damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act and 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, and damages for delay calculated to the plaintiff B from June 15, 2014.

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