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(영문) 서울고등법원 2015.09.17 2015나2002339
손해배상(건)
Text

1. The plaintiff's appeal and the claim extended in the trial are all dismissed.

2. The costs of the lawsuit after filing the appeal.

Reasons

The court's explanation of this case is consistent with the reasoning of the judgment of the first instance, except for a modification of the judgment of the first instance as referred to in paragraph (2). Thus, it is citing it as it is by the main sentence of Article 420 of the Civil Procedure

The modification of the second part of the judgment of the first instance is to change the “Plaintiff B” in the second part of the judgment of the first instance to “Plaintiff B”, “Plaintiff A” in the second part of the 10th judgment to “Plaintiff”, and “Plaintiffs” in the fourth part of the 7th judgment to “Plaintiffs and Joint Plaintiff B of the first instance court”, respectively.

(hereinafter the same shall apply). Part 4 of the first instance judgment from Part 12 to Part 15 shall be amended as follows: “A shall have the obligation to pay KRW 835,00,000 to the Plaintiff.”

Inasmuch as the Plaintiff sustained a loss equivalent to KRW 785,00,000 (220,000 mental damage per operating day) and the Defendant is obligated to pay the Plaintiff the amount of damages equivalent to the above amount to KRW 565,00,000,00, the Defendant is obligated to pay the Plaintiff the amount of damages. Accordingly, the Plaintiff’s claim is dismissed as it is without merit. The judgment of the court of first instance is just and reasonable. Accordingly, the Plaintiff’s appeal and the claim extended at the trial are all dismissed. It is so decided as per Disposition.

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