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(영문) 서울중앙지방법원 2015.12.11 2015나4510
손해배상(자)
Text

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

The defendant shall pay to the plaintiff KRW 125,707,501 and KRW 111,346,693 among them.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for the following changes in part of the judgment of the court of first instance. Thus, it is acceptable to accept it as it is by the main text of Article 420 of the Civil Procedure Act.

2. Change ① limit the Defendant’s liability to 70 per cent of the Defendant’s liability to 3rd to 8rd to 9rd to the judgment of the first instance court (ratio of limitation of liability).

shall be changed to the section.

(2) The 3rd judgment of the first instance court shall be inserted into the F Co., Ltd. and the 19rd judgment (the Mutual Change to H on September 5, 2013).

(3) The defendant's liability of the fourth 15 lines (limited to liability) of the judgment of the court of the first instance shall be changed to 80 percent of the defendant's liability.

(4) Of the 9,424,040 won, the deduction equivalent to 30% of the Plaintiff’s negligence shall be changed to the deduction equivalent to 11,027,670 won, which is equivalent to 20% of the amount of the Plaintiff’s negligence among the 11,027,670 won.

(5) The court of first instance shall add evidence 18, 19, and 8, and 3, and 4, respectively, to the five pages (based on recognition) of the judgment of the court of first instance, and shall change to the court of first instance each such court of first instance as evidence 18, 3, and 4, respectively.

(6) The amendments to the five to nine degrees of the court of first instance shall be made as follows:

Therefore, with respect to the Plaintiff KRW 125,707,501 as well as KRW 111,346,693, which is the cited amount in the judgment of the first instance court, from July 7, 2012, to December 26, 2014, the date of accident, 5% per annum prescribed by the Civil Act, from July 7, 2012, to the date of the judgment of the first instance court, and KRW 20% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of complete payment, and KRW 14,360,808, which is the additional amount accepted in the trial (= KRW 125,707,501 - KRW 111,346,693), the Defendant is obligated to pay damages for delay from the day after July 7, 2012 to the date of full payment of each litigation, to December 11, 2015.

(7) Attached Form.

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