logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.23 2015나69272
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs, which orders additional payment, shall be revoked.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is used as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The "statement of calculation of the amount of damages" and the "statement of calculation of the amount of actual retirement allowances" in Section 6 of the judgment of the court of first instance shall be replaced by the following table.

From 4th to 11th of the judgment of the first instance court, the following shall apply:

(b) Daily retirement allowance: The amount of retirement allowance shall be calculated by determining the monthly salary of 2,466,66 won (the average of the amounts received from April 2014 to June 2014) as the monthly salary. The calculation shall be as shown in the calculation table of the retirement allowance in the attached Form. The same shall apply to the statement in the calculation table of the retirement allowance in the attached Form. 4th to 20th of the judgment in the first instance.

[1] Inheritance Amount: 130,91,127 won (=property damage 100,991,127 30,000 won) Inheritance Amount: 65,495,563 won (=130,91,127 x 1/27 x 1/2) each of the plaintiffs; 65,495,563 won (i.e., 130,91,127 x 1/2) of the first instance judgment of the court of first instance, 3 through 9.

(g) If so, 5% per annum as stipulated in the Civil Act from July 12, 2014, which is the date of the instant accident to November 13, 2015, 391,685 won (i.e., 70,995,563 won - 70,603 won - 878 won as to whether the Defendant’s performance obligation exists or its scope 70,603,878 won as cited in the first instance trial, 5% per annum as to whether the Defendant’s performance obligation exists or its scope from July 12, 2014, which is the date of the instant accident, until November 13, 2015, 391, 70,603 won as additional cited in the first instance trial (i.e., 70,995,563 won - 70,603,878 won as to damages for delay from the date following the date of the first instance trial to September 23, 1, 2015, 96.

arrow