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(영문) 서울중앙지방법원 2016.11.02 2016나47859
구상금
Text

1. The plaintiff's appeal is dismissed.

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

3. Disposition No. 1 of the first instance judgment

(b) in paragraph (3);

Reasons

1. The reasoning of the court's explanation of this case is the same as that of the judgment of the court of first instance, except for the case mentioned in paragraph (2). Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. On the 4th and 6th of the judgment of the court of first instance, the “Defendant bus” in the 4th and 6th of the judgment is respectively raised as “Plaintiff bus”.

B. On No. 4 of the first instance judgment, the part of the fourth part of the first instance judgment “second offender” shall be considered as “second offender.”

C. On the fourth and fourth pages of the judgment of the court of first instance, the following marks are added.

The amount of repair expenses for the plaintiff bus repair costs paid 6,150,000 won 2,237,200 won 424,848,00 won 19,800 won on the last payment date of 19,848,000 won for the plaintiff bus repair costs for the driver of the same passenger.

On the 6th of the first instance judgment, the defendant's "the defendant" in the 13th and 15th of the 15th of the 6th instance judgment is considered as "the defendant, A, and C non-life insurance".

E. On the 6th of the first instance judgment, the 6th of the first instance judgment and the 7th of the 7th of the 7th of the 7th of the 7th of

Therefore, the defendant is obliged to pay damages for delay at the rate of 3,075,00 won per annum under the Civil Act from January 11, 2013, which is the date following the plaintiff's final payment date of the insurance money to the plaintiff, in collaboration with the case damage insurance company A, the insurer of the cargo vehicle A, the driver of the cargo vehicle A, and the defendant is obliged to pay damages for delay at the rate of 5% per annum under the Civil Act until July 15, 2016, which is the date of the first instance judgment, which is the date of the decision of the court of first instance, and the date of full payment from the following day to the date of full payment.

F. On the 8th of the judgment of the court of first instance, the 9th to 13th of the said judgment shall be followed as follows.

Therefore, the court of first instance, which held that it is reasonable for the defendant to resist the existence or scope of the obligation after the day after the date of the last payment of each of the above insurance money as requested by the plaintiff as to the following claims for reimbursement and the above insurance money.

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