(영문) 서울중앙지방법원 2020.01.16 2018나30794

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(영문) 서울중앙지방법원 2020.01.16 2018나30794

채무부존재확인

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1.The judgment of the first instance shall be modified as follows:

With respect to the accident described in the attached Table 1, the plaintiff (Counterclaim defendant).

Reasons

1. The grounds for this Court’s acceptance of the judgment of the court of first instance are as follows, and such reasoning is identical to the grounds for the judgment of the court of first instance except for the dismissal or addition as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence

[Supplementary or additional parts] Attached Form 1 shall be added to the indication of the accident.

The attached table of calculation of damages in attached Form 2 of the judgment of the first instance court shall be applied in attached Form 2.

Not more than two pages of the decision of the first instance court are as follows.

In addition to those stated separately below the scope of liability for damages, the period of calculation shall be calculated on a monthly basis, and in principle, the period for convenience of calculation shall be less than the last month and less than KRW 20 shall be discarded. The current value of the damages at the time of the accident shall be calculated on a single-interest rate which deducts intermediary interest at the rate of 5/12 per month. In addition, it shall be rejected: [based on recognition] facts without any dispute, Gap evidence 4, Eul evidence 1 through 10, 16, 23 evidence (including virtual numbers) and images of the court of first instance, results from physical entrustment to the head of the Seoul University at the Seoul University at the first instance, results of appraisal by appraiser G, the entire purport of 1: 20% of the damages calculated on the basis of attached Table 20% of the damages per annum 1: 30% of the damages per annum 260% of the damages per day from the date of the first instance court’s appraisal, and the defendant asserts to the purport that the damages rate of 1-16% of the damages per day of the damages per 28.

In this case, the diagnosis results received by the defendant shall be from the date of the award on the trophical base and tension.

참조조문

-민사소송법 제420조

유사 판례

-서울중앙지방법원 2020.01.16 2018나30794

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-서울중앙지방법원 2020.03.31 2019나51743

-서울중앙지방법원 2018.10.11 2017나67508