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(영문) 서울고등법원 2015.12.17 2012나33466
채무부존재확인
Text

1. Of the principal lawsuit and counterclaims in the judgment of the court of first instance, each part concerning lost income damages shall be modified as follows.

Reasons

1. Scope of the judgment of this court;

A. The following facts are acknowledged according to the progress records of the lawsuit.

1) At the first instance court, the Plaintiff sought confirmation that the Defendant did not have any insurance money and obligation to pay damages against the Defendant in relation to the traffic accident as seen in Article 2-A (1) below, which occurred by the insured vehicle of the Plaintiff. Accordingly, the Defendant, as a counterclaim, sought damages amounting to KRW 368,758,00,00 in total, including ① daily actual income 268,758,000, ② 100,000,000, and ② damages amounting to KRW 368,758,000,00 in accordance with the above traffic accident. While the Defendant asserted to the effect that he would seek damages for active damages by expanding the claim later in the counterclaim, the first instance court did not add the above purport to the Plaintiff’s claim in full and dismissed the Defendant’s counterclaim in full. 2) The Defendant appealed the first instance court’s claim against the Defendant in full, with the remainder of KRW 191,82,701,2701,3747,75757,757,7467, and7547.

3) The court of the first instance prior to remand recognized the proximate causal relation between the above traffic accident and the Defendant’s multiple franking symptoms, and ① the Defendant’s rate of loss of labor ability is 73% based on the comprehensive appraisal table for the latter disability of Mablod's Mablod's 192,988,290 won, ② positive damages (a total of 181,889,462 won, ③ the consolation money is KRW 20 million, respectively, and the Plaintiff shall apply the ratio of 70% to the Defendant’s 317,809,782 won and its corresponding amount.

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