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(영문) 서울중앙지방법원 2018.05.24 2018나5637
손해배상(기)
Text

1.The judgment of the first instance, including claims extended in the trial, shall be modified as follows:

The defendant.

Reasons

1. The reasoning of this court's explanation is as stated in the judgment of the court of first instance, except for the parts cited or added in paragraph (2) below, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

(a) Forms 4 and 13 of the decision of the court of first instance are as follows.

[Attachment 4,610,893], as stated in the attached Table of Calculation of Damages (actual Income)

B. Part 4 of the first instance court's decision "the closing date of the pleadings of this Court" is "the closing date of the pleadings of the first instance court" and the last day of the pleadings of this case is "the closing date of the pleadings of this case" respectively.

(c) by striking 3 through 12 of the judgment of the first instance.

Part 5 of the judgment of the first instance court is as follows.

"4,610,893 won in lost income ¡¿ 60% = 2,766,535 won (if the amount is less than the original amount, the forest)."

(e) Chapter 5, Chapter 19, of the first instance judgment, is followed.

Total: 6,252,901 won

(f) Forms 6 through 8 of the judgment of the first instance court are as follows.

“Therefore, the Defendant is obligated to pay the Plaintiff KRW 9,252,901 (i.e., KRW 6,252,901 consolation money of KRW 3,00,000) and KRW 8,284,930, which is the cited amount of the judgment of the first instance court, from July 18, 2013, the date of the instant accident, to December 1, 2017, which is a considerable dispute over the existence and scope of the Defendant’s obligation to perform; KRW 5% per annum as prescribed by the Civil Act from July 18, 2013, which is the date of the judgment of the first instance court, until December 1, 2017, to pay damages for delay calculated at the rate of KRW 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment; KRW 967,971,971, the additional amount of damages for delay from the day following the judgment of the first instance to May 15, 2018.

3. Conclusion.

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