(영문) 서울고등법원 2017.10.12 2016나2037639

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2017.10.12 2016나2037639

부당이득금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court should explain in this judgment are as stated in the reasoning of the judgment of the court of first instance except for the cases where a part of the reasoning of the judgment of the court of first instance is changed as stated in the reasoning of the judgment of the court of first instance, and thus, it shall be cited by the main sentence of Article 420 of the Civil Procedure

2. Parts to be dried;

A. The second 15-16 of the judgment of the court of first instance stated that “the Defendant paid the medical expenses not paid by the Defendant” portion “the Plaintiff paid the medical expenses not paid.”

B. Part 18 of the second instance court's decision "Seoul Central District Court 2013Kahap530684" was "Seoul Central District Court 2013Kahap530684 (Seoul Central District Court 2012Kadan5019652 was raised and transferred to the above court)."

C. Around that time, the part of the first instance court’s first instance court’s second and third sentence (“the judgment became final and conclusive” was referred to as “the judgment became final and conclusive at that time” (hereinafter “related judgment”).

The third part of the third part of the judgment of the court of first instance " June 26, 2102" shall be applied " June 26, 2012".

(e)the 3rd part of the judgment of the court of first instance “Plaintiffs” in the 14th part of the judgment of the court of first instance shall be read as “vehicles driven by C”;

F. On the fourth 13th 13th 1th 13th 13th 13th 13th 13th 200, “The results of the fact-finding on the president of the Guro University Hospital of Korea are as follows.”

(g) No. 21 of the judgment of the court of first instance (hereinafter referred to as “this case’s accident”) shall be the same as “this case’s accident”.

(h)the following shall be added between conduct 6 and 7 of the first instance judgment:

With regard to this, the Plaintiff cannot exclude the possibility that the Defendant suffered additional trauma between the time of the instant accident and the time of the Round against the Defendant on January 22, 2017.

참조조문

-민사소송법 제420조

유사 판례

-서울고등법원 2016.10.06 2015나30734

-대구고등법원 2018.11.08 2018나21860

-서울고등법원 2015.01.29 2014누54457

-서울고등법원 2016.12.15 2013나43378

-서울고등법원 2015.12.24 2015나16219