(영문) 서울중앙지방법원 2018.03.23 2017나61371

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(영문) 서울중앙지방법원 2018.03.23 2017나61371

손해배상(자)

Text

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

Reasons

1. The reasoning of the judgment of the court of first instance, which cited the same as the reasoning of the judgment of the court of first instance, is the same as that of the judgment of the court of first instance, except when the judgment is used or added as follows.

2. A statement of calculation of the amount of damages set forth in the eighth decision of the court of first instance shall be replaced by that set forth in the fifth decision.

The 6th through 10th of the first instance judgment are as follows.

H. Of the Plaintiff’s medical expenses of KRW 220,842,480, the amount of the Plaintiff’s contributory portion and the amount of the Defendant’s damages of KRW 25,00,000, the amount of the Defendant’s contributory portion out of the 220,842,480, the Defendant added “B evidence 8” to the 6th 15th

6. From 17th to 21th of the first instance judgment shall be followed as follows.

[j] Therefore, the Defendant is obliged to pay the Plaintiff damages for delay calculated at each rate of 5% per annum as stipulated by the Civil Act from September 21, 2015, which is the date of the instant accident, to March 23, 2018, which is the date of the ruling of the competent court where it is reasonable for the Defendant to dispute on the existence and scope of the obligation to perform the obligation, and 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.]

3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition and the remaining claims are dismissed as it is without merit. Since the judgment of the court of first instance is unfair with a different conclusion, part of the defendant's incidental appeal is accepted, and the part of the judgment of the court of first instance against the defendant in excess of the above order of payment is revoked, and the plaintiff's claim corresponding to the cancellation portion is dismissed. The plaintiff's appeal of this case and the defendant's remaining incidental appeal are dismissed as

참조조문

-민법

-민사소송법 제420조

-소송촉진 등에 관한 특례법

유사 판례

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