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(영문) 서울중앙지방법원 2017.01.13 2016나34099
구상금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. On May 13, 2014, the court of first instance rendered a favorable judgment against the Defendant by serving a copy of the complaint, notification of the date for pleading, etc. on the legitimacy of the appeal, and served the Defendant on May 13, 2014. On May 30, 2014, the original copy of the judgment was served on the Defendant by public notice. On June 9, 2016, immediately after the Defendant becomes aware of the seizure of the deposit claim in the name of the court of first instance with the title as the title of execution, the fact that the Defendant submitted the written appeal for the completion of the appeal of this case to the court of first instance is evident in the record.

Thus, the defendant could not comply with the peremptory period due to a cause not attributable to himself, and the first instance court's judgment became aware of the fact that it was served by service by public notice, and filed a subsequent appeal within two weeks thereafter, the defendant's subsequent appeal is lawful.

2. Basic facts

A. Around 10:30 on August 29, 1995, the driver of the Plaintiff’s vehicle driven a B taxi (hereinafter “Plaintiff’s vehicle”) and driven a two-lane of the two-lanes in front of the headquarters of the regional headquarters of the Korea Ginseng Corporation in Suwon-si, Suwon-si, the KGGH 111, on the surface of the chamber of commerce and industry, and stopped on the road on the right side of the Plaintiff’s vehicle and parked on the road side of the said vehicle, the driver shocked the Defendant’s C vehicle of the Defendant’s driver (hereinafter “Defendant’s vehicle”).

(hereinafter “instant accident”). (b)

Plaintiff

The Plaintiff, a mutual aid business entity that has entered into a mutual aid agreement on vehicles, shall be entitled to passengers of the Plaintiff’s vehicle as listed below due to the instant accident;

E. Insurance proceeds of KRW 4,066,00 in total were paid out of the F’s medical expenses.

The sum of the amounts paid at the present date of the victims (won) shall be 670,000,183,000 medical fees of 1,513,000 on May 30, 1997, the sum of the amounts paid at the present date for the payment of the victims (won) at the time of November 27, 1995; 260,000 EF amount of 260,000 on November 260, 1995; 523,000,000 on November 27, 1995; 523,000,100,000 total of 4,06,000,0000 on May 30, 1997.

C. The Plaintiff calculated the Defendant’s liability ratio for the instant accident as 80%, and against the Defendant.

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