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(영문) 서울중앙지방법원 2017.04.07 2016나56693
손해배상(자)
Text

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

The defendant shall be KRW 54,881,832 and KRW 44,881,832 among the plaintiff.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are 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. Therefore, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The phrase "statement of calculation of the amount of damages" in Part VII of the judgment of the court of first instance shall be replaced by that of the six pages of the judgment.

In light of the amount of income and expenditure of the Plaintiff’s deposit transaction from around 2011 to around 2014, the first instance court’s first instance court’s first instance court’s 6th portion of “the fact that the Plaintiff appears to be a small company” was presumed to have raised at least 300,000 won per month at least around the time of the accident.

The "Date of the closing of pleadings" in the 5th 11th eth 1 of the judgment of the court of first instance (excluding marks) shall be changed to the "date of the closing of pleadings in the trial."

The five pages of the judgment of the first instance court shall be the same as the following:

1) The Defendant’s portion of the Plaintiff’s negligence out of KRW 21,40,380 of the medical expenses paid by the Defendant and deducted the portion of the contribution to the king again. According to the evidence submitted, most of the medical expenses paid by the Defendant appears to have been used as the medical expenses for the king of the king. Thus, the portion of the medical expenses paid by the Defendant, which was deducted from the portion of the charge, shall be deemed to have been 10% of the contribution to the remaining portion.

2) Calculation: 4,066,072 won [the Plaintiff’s negligence 2,140,038 won contributory portion 1,926,034 won [the Plaintiff’s negligence ? 21,400,380 won - 2,140,038 won] x 10%) of the first instance judgment [the Plaintiff’s negligence ? 14 through 16 evidence , and 6] of the first instance judgment [the ground for recognition].”

The "3. Conclusion" part of the first instance judgment shall be followed as follows.

G. Accordingly, the Defendant’s damages amounting to KRW 54,881,832 (=property damages amounting to KRW 44,881,832) due to the instant accident, and property damages amounting to KRW 10,000,000 and KRW 44,81.

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