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(영문) 서울중앙지방법원 2019.07.12 2018나65998
손해배상(자)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the addition or dismissal as follows, and thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure

2. A list of damages shall be added to the end of the judgment of the court of first instance, which is added or written in addition.

The fourth 11th mar of the judgment of the first instance added “3 application of the occupational coefficient of outdoor workers because the damaged part is a new one” at the end of the first instance judgment.

The fourth 21st tier of the judgment of the first instance is as follows, and the following shall be deleted:

“4) Calculation: 80,813,474 Plaintiff from November 9, 2015 to December 21 of the same year, and from July 6, 2017 to July 13, 201, respectively.

8. From 31. to the same year.

9. Inasmuch as hospitalized treatment was received for 61 days in total until September, 201, the labor ability shall be deemed lost by 100% until January 8, 2016 after the lapse of 61 days from November 9, 2015 for the convenience of calculation, and the daily income shall be calculated, as shown in the annexed calculation sheet.

) Each of the 5th and nine parallels in the judgment of the first instance, “ August 18, 2018” shall be deemed to be “ May 18, 2019,” respectively.

The 5th day of the first instance judgment (including the table) shall be as follows.

“A total of 3) : 6,629,328 Won (the following shall be calculated) 6-16 to 20 parallels in the first instance judgment are as follows:

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay at each rate of KRW 78,176,876 (i.e., KRW 60,176,876 for property damage of KRW 18,000 for consolation money and KRW 18,000 for this case from November 9, 2015, which is the date of the instant accident, to July 12, 2019, which is the date of the judgment of the competent court, 5% per annum under the Civil Act until July 12, 2019, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

According to Gap evidence No. 35, the defendant deposited 93,071,873 won with interest added to the amount quoted in the judgment of the court of first instance on October 18, 2018 by designating the plaintiff as the principal on October 18, 2018, and the plaintiff paid the principal and interest.

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