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(영문) 서울중앙지방법원 2021.01.22 2020나34522
보험금
Text

1. Of the judgment of the first instance court, the part against the defendant in excess of the following amount ordered to be paid shall be revoked and this shall apply.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance except for dismissal or addition as set forth in the following paragraph 2. Thus, this is cited by the main text of Article 420 of the Civil Procedure Act.

2. In the first instance judgment No. 7 of the first instance judgment, the part of the “Calculation Details” in the “3.b. 1 of the judgment” shall be written with the following specifications:

As examined below, when calculating the current price of February 13, 2017, which is the date of the accident, as of February 16, 2018, the daily income from April 16, 2018, excluding the amount of damages equivalent to the lost income during the period of suspension subject to deduction, is KRW 137,301,121, as stated in the corresponding column of the calculation sheet of the amount of compensation for damage.

The part of "3.(b)(3) offsetting negligence" in Article 8 of the first instance judgment shall be as follows.

[3] Limit the liability of offsetting C with negligence to 70%, and when calculating the amount of property damages after offsetting with negligence, the amount of property damages after offsetting with negligence shall be KRW 99,911,131, as shown in the calculation table of the amount of damages.

The 10th judgment of the first instance court "3.b.(6) conclusion" in the part of the 10th judgment is as follows.

【6) According to the conclusion of the lawsuit, it is reasonable for the Defendant to dispute the existence or scope of the Defendant’s obligation from February 13, 2017, which was the date of the instant accident, as to the Plaintiff’s property damage KRW 54,682,641, KRW 20,000,00, and KRW 74,682,641.

Until January 22, 2021, which is the day of this decision, the Civil Act is obligated to pay delayed damages calculated at the rate of 5% per annum under the Civil Act and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

The attached Form 1 of the judgment of the first instance court "the calculation table of the amount of damages" shall be written in the same manner as the attached Form 1 of the "the calculation table of the amount of damages."

3. In conclusion, the plaintiff's claim of this case shall be accepted within the scope of the above recognition for reasons, and the remaining claims shall be dismissed for reasons, and the judgment of the court of first instance shall be in part.

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