logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.11.24 2017나44284
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff A in paragraphs 1 and 2 of the judgment is modified as follows.

The defendant is the plaintiff.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are 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, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure Act

2. The phrase “the operation of bicycles” on the 2nd page 16-3 of the first instance judgment shall be deleted.

All "Plaintiffs" in the 4th, 7th, 14th, 5th, 10th, and 11th, shall be written in "Plaintiff A".

The fourth nine pages of the judgment of the first instance shall be followed by adding the following contents to the fourth nine pages:

Although Plaintiff A asserts that the maximum working age as an urban bus driver ought to be deemed to be up to 65 years of age despite short of the maximum working age as up to 65 years of age, it is difficult to view that Plaintiff A’s assertion that the maximum working age of urban bus drivers is over 60 years and over 65 years of age, which generally recognizes as the maximum working age of urban daily workers (see, e.g., Supreme Court Decision 2009Da100920, May 13, 201) solely on the grounds that Plaintiff A’s assertion was made by the foregoing Plaintiff, while submitting materials on the retirement age of workers who were employed by urban bus transportation corporations. However, considering Plaintiff A’s remaining disability, etc., this part of Plaintiff A’s assertion is without merit.”

The six pages 1 of the judgment of the first instance court shall be referred to as "this court" in the first instance court.

From 6th to 10th of the judgment of the court of first instance, the following shall apply:

G. According to the theory of lawsuit, the Defendant shall pay the Plaintiff KRW 54,455,573 (i.e., passive damages of KRW 29,53,083 (i.e., KRW 7,902,490) positive damages of KRW 7,00,00,000 and KRW 46,553,083 in total, passive damages and consolation money of KRW 46,53,083, which are the date of the instant accident, to the Plaintiff, 5% per annum as prescribed by the Civil Act from July 18, 2015, which is reasonable for the Defendant to dispute the existence and scope of the obligation to perform from July 21, 2017 to June 21, 2017, and complete payment from the next day.

arrow