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(영문) 서울남부지방법원 2018.06.07 2017나59664
부당이득금
Text

1. The appeal against the counterclaim by the Defendant (Counterclaim Plaintiff) is dismissed.

2. The costs of appeal are borne by the Defendant (Counterclaim Plaintiff).

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, given the consideration of the medical expenses, etc. additionally paid after the judgment of the court of first instance, the reasons for the judgment of the court of first instance are the same as the reasons for the judgment of the court of first instance, and they are cited pursuant to the main sentence

2.On the seventh decision of the court of first instance, the following shall be stated:

(A) Of the 425,507,960 won paid by the Plaintiff as the Defendant’s medical expenses, the amount of damages (A) equivalent to the Defendant’s fault (i.e., KRW 425,507,960 x 0.25 x 0.25) shall be deducted (B) the total amount of damages of KRW 197,306,930 (C): -26,743,504 (=276,940,416 - KRW 106,376,90 - 197,306,930) of the first instance judgment of the court of first instance, the amount of damages (i.e., KRW 276,940,416 - KRW 106,376,990) shall be calculated as follows.

The plaintiff is obligated to pay to the defendant 38,256,496 won (i.e., solatium 65,00,000 won - Property damage 26,743,504 won) and damages for delay calculated by the rate of 5% per annum under the Civil Act from May 10, 2008, which is the date of the judgment of the court of this case, to June 7, 2018, which is the date of the judgment of the court of this case sought by the defendant, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

In addition to those recognized by the court of first instance, the defendant asserts that the medical expenses for life preservation and related expenses are additionally required for the future life preservation until the life expectancy. Even according to the result of each fact-finding on appraiser E of the first instance court, which was conducted at the request of the defendant, the defendant, even according to the result of the fact-finding on the appraiser of the first instance court, the purchase expenses, such as drug treatment expenses, assistive devices, etc. in the future recognized by the court of first instance, and the defendant's food care expenses for life preservation, such as the defendant's food intake, urine, urine, and physical change, and it is not recognized that the additional medical expenses or related expenses are not required (

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