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(영문) 서울고등법원 2020.01.09 2019나2030738
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The grounds for this part of the facts of recognition are as follows: (a) except for the addition of Gap evidence Nos. 38 and Eul evidence Nos. 4 and 6 to the third [based grounds for recognition] of the judgment of the court of first instance, the corresponding part of the grounds for the judgment of the court of first instance ("1. Facts of recognition") is the same as the corresponding part of the judgment of the court of first instance ("1.

2. The grounds for this part of the claim for damages are as stated in the corresponding part of the reasoning of the judgment of the first instance (hereinafter “the occurrence of damages liability”) except for the second part, i.e., page 4 to Chapter 14 of the judgment of the first instance, i.e., “S. 4” (hereinafter “the occurrence of damages liability”), and therefore, this part is cited in accordance with the main sentence of

A person shall be appointed.

B. However, the following facts and circumstances acknowledged by the evidence and the purport of the entire pleadings, which were revealed in addition to the above facts, are as follows: ① point at the point where the Plaintiff changed from the lane to the lane prior to the crime, to the intersection, the point where the Plaintiff changed from the lane to the lane, and the point where 50 meters have passed since the difference was changed from the lane to the deline, and ② the Intervenor joining the Defendant demanded the Plaintiff to present his driver’s license to issue the penalty payment notification; ② the Plaintiff refused to comply with the above demand for 10 minutes or more, and ③ the Intervenor refused to verify the Plaintiff’s status for the implementation of the procedures for handling the offender committed by the Intervenor; ③ the Intervenor attempted to verify the Plaintiff’s status through the inquiry of the BM vehicle operated by the Plaintiff, but the Plaintiff’s identity was confirmed, upon the confirmation of the Plaintiff’s status, the Defendant sought payment notification from the Plaintiff and issued the penalty payment notification to the Plaintiff; ④ However, the Plaintiff strongly refused to do so, the Defendant’s part of the Defendant’s part and the part of the penalty.

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