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(영문) 서울중앙지방법원 2017.03.17 2016나51445
손해배상(자)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and this part of the judgment of the court of first instance 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 accepted in accordance with the main sentence of Article 420

2. The phrase "statement of calculation of the amount of damages" in Section 8 of the judgment of the first instance shall be replaced by the number of pages 5 of the judgment.

The "this Court" in the last sentence of the fifth decision of the first instance shall be applied to "the court of the first instance".

Part 6, 3, and 4 of the judgment of the first instance shall be followed as follows.

"The next medical treatment costs: 12,416,090 won (the plaintiff did not have any evidence to have received the above medical treatment prior to the date of the closing of argument in the court of first instance, it shall be deemed that the plaintiff was paid on the day following the date of the closing of argument in the court of first instance for the convenience of the calculation) of the first instance judgment in 6th of the first instance. The "this court" shall be added to "the court of first instance".

The 6th to 7th of the first instance judgment shall be followed by the following two pages:

【. According to the theory of lawsuit, the Defendant: (i) KRW 29,522,678 (=property damage KRW 9,522,678) to the Plaintiff; and (ii) KRW 20 million to property damage KRW 9,522,678; and (iii) property damage KRW 2013,52,678 to the Plaintiff.

9. From April 2, 201 to March 17, 2017, the date of the judgment of the competent court, which is appropriate for the defendant to dispute the existence and scope of the obligation, 5% per annum under the Civil Act, and 15% per annum under the Special Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment, as well as damages for delay calculated at the rate of 20 million won per annum under the same Act, and damages for delay calculated at the rate of 5% per annum under the Civil Act, which is appropriate for the defendant to dispute about the existence and scope of the obligation, from September 4, 2013 to the date of the judgment of the competent court of first instance, until August 10, 2016, and damages for delay calculated at the rate of 15% per annum under the same Act from the next day to the date of full payment.

A person shall be appointed.

3. Therefore, the Plaintiff’s claim is the scope of recognition.

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