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(영문) 서울고등법원 (춘천) 2018.05.02 2016나1361
손해배상(기)
Text

1. Of the judgment of the court of first instance, KRW 176,760,568 against the defendant among the judgment of the court of first instance and its related costs from July 15, 2013 to May 2, 2018.

Reasons

1. The reasoning of the court of first instance, which partially accepted the judgment, is the same as the ground of the judgment of the court of first instance, except for the following “the part used by the court of first instance”. Thus, it is acceptable in accordance with the main sentence of Article 420

2. The 20th to 3th of the judgment of the court of first instance shall be applied to the parts that have been dried up in the following manner:

1) On July 14, 2013, the Defendant suffered injury on Plaintiff A by exercising violence, such as taking the head of Plaintiff A by force, etc. on July 14, 2013, and did not completely recover up to now.

Since the defendant's tort caused property damage and mental damage to the plaintiff A, and the mental damage to the plaintiff B occurred, the defendant is liable to compensate the plaintiffs for the damage.

On the other hand, since Plaintiff B, the mother of Plaintiff A, paid KRW 13,300,785 to Plaintiff A’s debt for the treatment expenses, the Defendant is obligated to pay the same amount to Plaintiff B.

2) Therefore, the Defendant is obligated to compensate the Plaintiff for damages, as the damages, to pay KRW 152,22,51, future treatment costs, KRW 19,737,00, KRW 70,00, KRW 241,959,551 in total, and delay damages, KRW 13,30,785, KRW 20,000 in total, KRW 33,30,785 in total, and delay damages, respectively. The Defendant is obligated to pay KRW 33,00,000 in total, KRW 33,30,785 in the first instance court, and KRW 6 in the sixth case.

From 6th to 11th of the first instance judgment, the 7th one to 6th of the 12th one shall be followed as follows:

In addition to what is separately explained below, each of the relevant items listed in the annexed Table 1, the annexed Table 2, and the period for the convenience of calculation shall be calculated on a monthly basis, but less than a month and less than a won shall be discarded in principle. The current price calculation at the time of the accident of damages shall be based on the simple discount method that deducts intermediary interest at the rate of 5/12% per month. 【The ground for recognition' is without any dispute. 【The fact that there is no ground for recognition', Gap Nos. 3 through 10 (including a serial number, b.), and the first instance court's statement.

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