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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. The court's explanation of this case is the same as the statement of the first instance court except for the dismissal or modification as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[Supplementary or modified parts] Part 4 of the judgment of the court of first instance shall be 50% "40%".
"7,618,374 won" of the fourth sentence of the first instance court shall be "6,348,645 won."
According to the 5th sentence of the first instance court's decision, "4,000,000 won" portion of the 5th sentence is "5,000,000 won."
The attached table of calculation of damages in the judgment of the court of first instance shall be changed to the attached table of calculation of damages in the judgment of the court.
2. If so, as to KRW 3,568,397 as well as KRW 315,260, which is the part cited in the judgment of the court of first instance among the plaintiff, after the accident date of this case, the defendant is liable for dispute as to the existence and scope of the defendant's obligation to perform the claim of this case from August 19, 2015 to October 7, 2015, which is the date the judgment of the court of first instance, is rendered, and 5% per annum as prescribed by the Civil Act, and 20% per annum as prescribed by the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from the next day to the day of full payment; 3,253,137 won, which is the part ordering additional payment at the court of first instance (=3,568,397 won - 315,260 won) to the day after August 19, 2015 to the day of full payment; 20% per annum as to whether the defendant is liable for delay 60% per annum.
I would like to say.
However, since part of the decision of the court of first instance against the plaintiff is unfair, it is reasonable to accept part of the plaintiff's appeal and revoke it and additionally in the trial against the defendant.