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(영문) 서울고등법원 2015.11.06 2015나2013537
채무부존재확인
Text

1. Of the judgment of the first instance court, the part against the defendant (consolidated plaintiff) shall be modified as follows:

Attached Form

Entry in the list.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows, and the relevant part of the reasoning of the judgment of the court of first instance is identical to the relevant part of the reasoning of the judgment of the court of first instance, and thus, it is accepted in accordance with the main

2. Parts of scraping;

A. On 5th 9th 9th 9th 1st 5th 9th 1st 5th 5th 9th 9th 9th 15,943,519 of the first 15th 9th 15,943,519 of the first 13th 03th 13,034,390 of the first 13,039,129 of the first 19

(b)the 60 per cent "60 per cent" in the 8th sentence of the first instance court shall be adjusted to "50 per cent";

(c) On the 11th 11th 1st 1st 1th 10th 10th 11th 10, the “Plaintiff” shall be written “Defendant”.

The 13th to 14th to 14th of the judgment of the first instance court shall be stated as follows:

『⑶ 과실상계 ㈎ 원고의 책임비율 : 50% ㈏ 계산 ① 일실수입 : 10,290,879원 × 50% = 5,145,439원 ② 기왕치료비 : 15,993,134원(= 12,422,909원 3,570,225원 × 50% - 3,570,225원 = 4,426,342원 ③ 개호비 : 1,070,000원 × 50% = 535,000원 ④ 향후치료비 : 1,515,307원 × 50% = 757,653원 ⑷ 위자료 피고의 나이, 성별, 직업, 이 사건 사고의 경위와 결과 등 변론에 나타난 여러 사정을 종합하여 피고에 대한 위자료는 200만 원으로 정한다.

(v) According to the purport of Gap’s evidence Nos. 7-1 through 4 and the entire arguments, the defendant shall pay insurance money to Hyundai Marine Fire Insurance Co., Ltd., which entered into a business liability insurance contract with the plaintiff for damage incurred from the instant accident from March 7, 2012, as insurance money, around 5,67,000, and the same year.

4.2.Woman 1,233,050 won, and the same year.

5.2.Woman 1,304,625 won, and the same year.

6. 15.1,312,210 won, total of KRW 9,516,885 won, and the above insurance amount is calculated as KRW 4,268,958 won, KRW 4,247,927, and KRW 1,000,00 won, as reference materials submitted by the Plaintiff after the closing of argument in the trial, according to the reference materials submitted by the Plaintiff after the closing of argument in the trial, the insurance amount that the Defendant received is calculated as KRW 4,268,958, KRW 4,470,670, KRW 1,000,000 for daily income, KRW 9,739,628. However, the insurance amount actually received by the Defendant.

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