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(영문) 청주지방법원 2015.09.22 2014나5778
손해배상(기)
Text

1. The appeal by the plaintiff (appointed party) shall be dismissed;

2. The appellant B’s appeal is dismissed;

3. The filing of an appeal.

Reasons

1. To examine whether an appeal by the plaintiff (appointed party in the judgment of the court of first instance regarding the costs of lawsuit) is lawful or not, and to examine the judgment on the costs of lawsuit, an appeal may be filed in addition to the final judgment on the merits without independent appeal (Articles 391 and 390 of the Civil Procedure Act). Any objection to the judgment on costs of lawsuit shall be permitted where all or part of an appeal on the judgment on the merits is justified, and where an appeal on the merits is not permitted unless the appeal is justified.

(See Supreme Court Decision 98Da22048 delivered on September 8, 1998, etc.). In light of the above legal principles, the Health Board and the Plaintiff (Appointed Party) appealed only against a judgment on the costs of lawsuit in the first instance judgment in relation to a principal’s claim. The appeal of this case filed by the Plaintiff (Appointed Party) only against the costs of lawsuit without filing an appeal on the principal’s claim is unlawful.

2. Determination on the appellant B’s appeal

A. The reasons why the court should explain this part of the cited judgment of the court of first instance are as follows with respect to the new argument in the trial of the plaintiff (appointed party).

The judgment of the court of first instance is identical to the part concerning the designated party B among the reasons for the judgment of the court of first instance, and such judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. Although the first bidder B was aged 81 at the time of the instant accident, according to the Defendant’s “Standards for the Payment of Insurance Money” under the Defendant’s automobile insurance contract, the Defendant recognizes the number of months available for employment even in cases where a person aged 76 or older dies or is disabled, and thus, the amount of the daily employed worker’s wage should be paid. Since the selectr B actually cannot perform activities such as nursing the spouse and care for household affairs due to the instant accident, the Defendant is over 76 years of age as stipulated in the “Standards for the Payment of Insurance Money” under the said contract.

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