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부산고등법원 2009. 11. 20. 선고 2009나4725 판결

[손해배상(자)][미간행]

Plaintiff, appellant and appellee

Plaintiff 1 and three others (Attorney Park Jong-chul, Counsel for the plaintiff-appellant)

Defendant, Appellant and Appellant

ELA M&D Co., Ltd. (Law Firm Jeong, Attorney Park Jong-young, Counsel for the plaintiff-appellant)

Conclusion of Pleadings

September 18, 2009

The first instance judgment

Changwon District Court Decision 2006Gadan23233 Decided February 5, 2009

Text

1. Of the judgment of the court of first instance, the part against Plaintiff 1 pertaining to the money that ordered additional payments against Plaintiff 1 shall be revoked.

The defendant shall pay 2,278,269 won to the plaintiff 1 with 5% interest per annum from December 25, 2003 to November 20, 2009 and 20% interest per annum from the next day to the day of full payment.

2. All remaining appeals by plaintiffs 1 and appeals by plaintiffs 2, 3, 4 and the defendant are dismissed.

3. 3/4 of the total costs of litigation shall be borne by the Plaintiffs, and the remainder by the Defendant, respectively.

4. The part on which money is paid under paragraph (1) may be provisionally executed.

Purport of claim and appeal

1. Purport of claim

The defendant shall pay to the plaintiff 1 27,136,957 won, 20 million won to the plaintiff 2, and 3 respectively, 8 million won to the plaintiff 4, 5% per annum from December 3, 2006 to the ruling of the court of first instance of this case, and 20% per annum from the next day to the date of full payment.

2. Purport of appeal

A. The plaintiffs: The part against the plaintiffs in the judgment of the court of first instance that ruled that the payment order is revoked. The defendant shall pay to plaintiffs 1 466,172,867 won, plaintiffs 2, and 3 each 15 million won, 7 million won to plaintiffs 4, and 5% per annum from December 25, 2003 to the date of this judgment, and 20% per annum from the next day to the date of complete payment.

B. Defendant: The part against the Defendant in the judgment of the first instance is revoked, and the Plaintiffs’ claim corresponding to the above revoked part is dismissed.

Reasons

1. Quotation of judgment of the first instance;

The reasoning for the court's explanation concerning this case is as follows: "The 56 days X52,374 won (urban daily wage around December 2003)-2,93 days after the accident occurred (from December 25, 2003 to March 4, 2004), 71 days after the accident (from March 25, 2004 to May 29, 2004), 72 days from March 19, 204 to May 29, 2004, 50, 50, X52,374 won (from December 203, 2003 to 72 days from May 29, 2004)" are as follows: "The 56 days X52,374 won (the urban daily wage around December 29, 2003 to 78,498, 196, 309, 405 won)" and "the damages calculated by the court below's 140.5% 1,3969, 509.405 won"

2. Conclusion

Therefore, the defendant's appeal against the plaintiff 1 for 163,242,359 won and 160,964,090 won and 160,90 won among them is sought by the plaintiff 1, and 5% per annum from December 3, 2006 to February 5, 2009, which is deemed reasonable for the defendant to dispute about the existence or scope of the obligation to perform, and 2,78,269 won per annum from December 25, 2003, which is the date of the accident, to which the defendant's appeal against the plaintiff 1 for 20,000 won and 160,000 won and 20,000 won per annum from December 20, 2009, which is deemed reasonable for the defendant to dispute about the existence or scope of the obligation to perform, and the remaining part of the appeal against the plaintiff 1 for 20,000 won per annum from the next day to the date of complete payment.

Judges Ahn Young-jin (Presiding Judge) Kim Tae-chul

본문참조조문

- 민사소송법 제420조

원심판결

- 창원지방법원 진주지원 2009. 2. 5. 선고 2006가단23233 판결

기타문서

- 기타자료