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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal including the principal lawsuit and the counterclaim are assessed against the Defendant (Counterclaim Plaintiff).
Reasons
1. The reasons why the court in the first instance court's explanation concerning this case are as follows: ① The defendant is due to the accident of this case, 104,587,104, 500, 1540, 154, and 154,587,104, which are passive damages due to the accident of this case; ② if the amount equivalent to the 99,510,105, 227, 6, and 9 of the first instance court's judgment is deducted, the defendant's explanation that it would cause damages to the plaintiff who was the insurer of the comprehensive automobile insurance contract for the plaintiff's automobile, or that it would have contributed to the expansion of the victim's ability to compensate for damages due to the accident of this case's 9,958,227, - 105, - 3,510, 878, which are different from that of the victim's 19,500,000,000 won.
Supreme Court Decision 2008Da1576 Decided March 27, 2008 see, e.g., Supreme Court Decision 2008Da1576.