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(영문) 서울중앙지방법원 2016.11.25 2016나45617
손해배상(자)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and this part of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is used as follows. Thus, this is accepted in accordance with the main sentence of Article 420

2. The "statement of calculation of damages" in Section 8 of the judgment of the court of first instance shall be replaced by the following table:

The last 20, 5, 7, 5, 14, and 6 of the judgment of the first instance court shall be followed by "the result of the physical examination of the president of the Hanyang University Hospital of this Court" as "the result of the physical examination of the president of the Hanyang University Hospital of the first instance court".

Part 4 of the decision of the first instance court, "the results of inquiry about the president of the Hanyang University Hospital in this court" was followed by "the results of inquiry about the president of the Hanyang University Hospital in the first instance."

From 7th to 9th of the first instance judgment, the following shall apply:

G. If so, the defendant is liable to pay to the plaintiff 86,215,058 won (i.e., property damage KRW 79,215,058 won) and damages for delay calculated at each rate of 15% per annum under the Civil Act from September 25, 2012, which is the date when the accident of this case occurred until July 7, 2016, which is the date when the judgment of the court of first instance, is rendered, to the defendant as to the existence or scope of the obligation to perform; and 5% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date when the full payment is made.

3. As such, the plaintiff's claim of this case is justified within the scope of the above recognition and the remaining claims are dismissed as it is without merit. The judgment of the court of first instance is just as it is concluded, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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