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(영문) 서울중앙지방법원 2016.10.07 2016나13870
손해배상(자)
Text

1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:

The defendant.

Reasons

1. The reasoning of the court's explanation concerning this case is 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, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The "statement of calculation of damages" in Section 5 of the judgment of the court of first instance shall be replaced by the following table:

The fourth, fifth, and six parallels of the judgment of the court of first instance shall be conducted as follows.

The first instance court's 4,400,000 won required for 4,00 won (it shall be deemed that the expenses incurred by the plaintiff after the operation was performed on or before the date of the closing of the party trial's arguments) was followed by the 4,400,00 won following the first instance court's 13th to 18th, which is the day following the date of the closing of the party trial's arguments for the convenience of calculation.

“C. If so, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from June 21, 2014, which is the date of the instant accident, to October 7, 2016, and 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.”

3. Therefore, the plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as without merit. Since the judgment of the court of first instance is unfair with a different conclusion, it is so decided as per Disposition by accepting part of the defendant's appeal and changing the judgment of the court of first instance, including a claim extended at the court of first instance.

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