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(영문) 서울남부지방법원 2019.06.13 2018나59043
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance except for the modification of the amount of consolation money as provided in the following paragraph (2).

2. The misunderstanding of the portion of consolation money shall change the amount of consolation money, and the 9th page 4-7 of the judgment of the court of first instance shall be as follows.

[4] Consolation Money: The plaintiff shall be deemed to have suffered serious mental damage as a female in light of the background of the accident in this case as seen earlier, including the part of the plaintiff's injury and its degree of injury, and the progress of treatment up to now. In light of the ordinary rule of experience, it is recognized that the plaintiff had suffered considerable difficulty in engaging in economic activities while receiving outpatient treatment, and it is difficult to recognize it as property damage such as business suspension damage as seen above, and it is difficult to recognize it as such, it is necessary to reflect it in the calculation of consolation money, and it shall be calculated as consolation money by taking into account all the circumstances shown in the arguments, such as the need to reflect it in calculating consolation money

【The above changes in the amount of consolation money shall be reflected in accordance with the following: (a) Forms 18 through 10 of the judgment of the court of first instance shall be as follows.

Therefore, according to the theory of lawsuit, the defendant's damages amounting to 11,023,260 won for damages (i.e., 808,040 won for future medical expenses of 3,215,220 won for consolation money of 7,00,000 won for future medical expenses of 808,040 won for future medical expenses) and (ii) for the amount of 5,023,260 won for the first instance court from August 4, 2014, the date of the accident in this case, which is the date of the judgment of the first instance until June 21, 2018, which is the date of the judgment of the court of first instance, to dispute about the existence or absence of the defendant's obligation to perform, 5% per annum under the Civil Act until June 21, 2018, and 15% per annum for the next day until the date of full payment, 6,000,000 won for the above additional amount for trial from August 4, 201.

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