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(영문) 인천지방법원 2020.06.12 2019나58011
손해배상(기)
Text

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

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shared with the Plaintiff (Counterclaim Defendant).

Reasons

1. The reasoning of this court's explanation for the acceptance of the judgment of the court of first instance is as stated in the part of the reasoning of the judgment of the court of first instance, except for the partial dismissal of the judgment of the court of first instance as follows (In the principal lawsuit, the percentage of negligence on the joint tort and counterclaim of the plaintiff and the F.60% in a lump sum: the plaintiff and the F.60%: the defendants are 40%, and the remaining parts are the same). It is also accepted in accordance with the main text of Article 420

2. In addition, the part of the judgment of the court of first instance which was written shall be "not to recognize the amount of damages caused by violence" in Section 21 of the judgment of the court of first instance. It shall be understood as "not to distinguish the part in proximate causal relation with violence."

The 5th sentence of the first instance court's ruling "30%" shall be considered as "60%".

Part 6 to 10 of the fifth decision of the court of first instance is as follows.

Therefore, the Defendants jointly bear the obligation to jointly compensate the Plaintiff for damages amounting to 3,797,274 won [[1,74,6763,98,510] = [4] 1,500,000, less than won; hereinafter the same shall apply] and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from June 6, 2017, which is the date when the Defendants rendered a reasonable judgment on the existence and scope of the obligation, until June 12, 2020, from June 12, 2020, and from the next day to the date when they fully repay the obligation.

The 6th sentence of the first instance court's ruling "30%" shall be considered as "40%".

Part VI of the decision of the first instance court from 18th to 21th is as follows.

Therefore, the plaintiff is liable for damages. 224,228 won (=(40,380 x 0.6 x 0.6)) to the defendant Eul, 558,176 won ( = (=(96,960 x 0.6) x 50,000) to the defendant C, and each of the above amounts, 5% per annum as stipulated in the Civil Act from June 6, 2017 to June 12, 2020, which is the date on which the decision of the court of first instance was rendered.

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