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(영문) 서울고등법원 2017.11.10 2017나2040885
손해배상(기)
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. Quotation of judgment of the first instance;

A. The reasons why the court should explain the cited part of this case are as follows.

In addition to revising the judgment of the first instance as stated in paragraph (2), the judgment of the first instance is identical to that of the defendant in the judgment of the first instance, and the relevant part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. Part 1) The Seoul High Court’s 10th 4th 10th e.g. “Seoul Central District Court” is “Seoul Central District Court”; the 13th e.g. “F. April 5, 2015”; the 5th e.g. “F., April 5, 2015”; the 16th e.g. “F., April 3, 2015”; and the 5th e., May 5, 2015” of the e.g., “Seoul High Court” is “Seoul Central District Court”; the 13th e.g., “S., April 5, 2015”; and the 5th e.g., the 20th e., the 5th e., the 5th e., the 5th e.g., the 5th e., the e., number 2015 e., May 5, 2015).

3) The part of the 5th end of the judgment of the first instance to the 7th end of the 6th trial, “Restriction on Responsibilities” in the 6th part of the 7th trial, is deleted, and the 6th part of the 7th part of the 7th part of the 7th trial “B,” and the 5th part of the 7th part of the 150,720,000 won “B” in the 188,40,000 won in the 7th part of the 7th part of the 7th trial.

2. Additional matters to be determined;

A. As in the instant case, in a case where an intentional tort by using the victim’s care as the illegality of limitation of liability is committed, the liability cannot be limited immediately on the ground of the victim’s care (see, e.g., Supreme Court Decision 2005Da32197, Oct. 7, 2005). As such, the first instance court limited liability, the above-mentioned first instance court’s liability.

(b) correct this, as seen in paragraph 3.

(b) to the extent that the grounds for appeal are determined.

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