Plaintiff (Attorney Tae-tae et al., Counsel for the plaintiff-appellant)

Mez Fire Insurance Co., Ltd. (Law Firm Dowon, Attorneys Hong-ho et al., Counsel for the plaintiff-appellant)

August 18, 2016

Seoul Central District Court Decision 2014Da158679 Decided November 24, 2015

1.The judgment of the first instance shall be modified as follows:

A. The defendant shall pay to the plaintiff 1,481,35,760 won and 1,440,122,318 won with 5% interest per annum from March 16, 2013 to November 24, 2015; 41,23,42 won with 5% interest per annum from the next day to October 6, 2016 to the day of full payment; and 15% interest per annum from the next day to the day of full payment.

B. The plaintiff's remaining claims are dismissed.

2. The total costs of the lawsuit shall be four minutes, one of which shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

3. The above paragraph 1(a) may be provisionally executed.

Purport of claim

The defendant shall pay to the plaintiff 1,906,612,89 won with the interest of 5% per annum from March 16, 2013 to the ruling of the court of the first instance, and the interest of 20% per annum from the next day to the date of full payment (the plaintiff extended its claim in the trial).

Purport of appeal

The part against the defendant ordering payment in excess of KRW 1,000,000 among the judgment of the first instance, shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Purport of Incidental Appeal

Of the judgment of the court of first instance, the part against the plaintiff falling under the order to pay the following amount shall be revoked. The defendant shall pay to the plaintiff additional KRW 80,000,000 with 5% per annum for the period from March 16, 2013 to the date of a final judgment, and 15% per annum for the period from the next day to the date of full payment.

1. Quotation of judgment of the first instance;

The reasons for the court's explanation concerning this case are as follows: ① the calculation table of damages in attached Form 4 of the judgment of the court of first instance shall be replaced; ② the "date of the closing of argument in this case" in Parts 4 through 18 of the judgment of the court of first instance shall be deemed as the "date of the closing of argument in the court of first instance"; ② the "date of the closing of argument in this case" in Parts 19 and 5 through 16 of the judgment of the court of first instance shall be deemed as the "date of the closing of argument in the court of first instance, which is the day following the date of the closing of argument in this case," respectively, and ③ the supplementary statement in Part 1 through 4 of the judgment of the court of first instance shall be deemed as the "date of the closing of argument in the court of first instance," and the supplementary statement in Part 6 of the Civil Procedure Act shall be deemed as the "date of the closing of argument in the court of first instance," and the supplementary statement in Part 6 of the judgment shall be deemed as the supplementary statement in the first to the court of second judgment.

2. A table of calculation of future treatment expenses, auxiliary equipment, and nursing expenses;

(1) Expenses for future treatment;

A) Nechopathy

Type of table contained in the main sentence: 1 year unit price for rehabilitation treatment, etc.: 9,173,500 first required: 2016-8-19 plus 19.2186th day: 2053-5-19 total expenses 176,301,827

B) Curology

The category of urology contained in the main sentence: The number of years before an outbreak: One-year unit price: 5,177,178,178 unit price: the first required date: 1,778,880: 2016-8-19 total: 19.2186 first required date: 2016-8-19 total: 2019.219: The total of 2053-5-19 expenses: 2053-5,498,113: the total of 2053-5-19 expenses: 34,187,583;

C) sexual malute (sal malute type)

m (amount required) (amount required) 4,580,00 won 2016-8-19 41,911,320 won

(2) Assistants

Type of table contained in the main sentence: Number of special wheel chairss: One year: Number of years: Number of years: 1,500,000 unit price for 3 years: 4,000,000 unit price for 4,000: 1,000,000 unit price for first time: 2016-8-19: The sum of 2016-8-19: 4.2672 first necessary date: 2016-8-19: The sum of 2016.8-8-19: 6.8098, the sum of 2016-8-19: 201,28-8-19: the sum of expenses for 2053-519: 17,006,808, 805-19, 808-6, 805-19: The aggregate of expenses.

(3) Nursing expenses

- 36. 2, 97. 2, 97- 97. 46. 2, 97. 2, 97- 97. 46. 2, 97. 2, 97- 97. 2, 97. 97. 46. 2, 97- 97. 97. 46. 97. 2, 97. 97. 46. 97. 2, 97. 46. 97. 2, 97. 46. 97. 2, 97. 97. 46. 97. 2, 194, 193- 46. 97. 97. 12,54, 2395 4. 92, 107, 3423- 194- 16. 46. 94

3. Conclusion

Therefore, with respect to the plaintiff 1,481,35,760 won and the 1,440,122,318 won cited by the court of first instance among them, which are the date of the accident in this case, which is deemed reasonable for the defendant to dispute about the existence and scope of such obligation, 5% per annum as stipulated in the Civil Act from March 16, 2013 to November 24, 2015, and 15% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment; 41,23,442 won, which are cited additionally by the court of first instance, shall be dismissed from March 16, 2013 to the date of the above judgment; therefore, the defendant's claim for damages for delay from the date of the above judgment to October 6, 2016, which is the date of the judgment of first instance, shall be dismissed within the scope of 15% per annum of the plaintiff's appeal as stated in the above.

[Attachment]

For the chief of the Si/Gun/Gu office of the judge

Impossibility of signing and sealing on the temporary placement of judges overseas;