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(영문) 서울중앙지방법원 2016.06.24 2015나70814
손해배상(자)
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. The reasons why the court should explain this part of the judgment of the first instance concerning the occurrence and scope of liability for damages are as follows: “The result of the physical examination of the head of the Hung University Hospital of this court and the result of the fact-finding,” which read “the result of the physical examination of the head of the Hung University Hospital of this court, and the result of the fact-finding,” which read “the result of the physical examination of the head of the Hung University Hospital of the first instance court, and the result of the fact-finding,” which read as “the result of the physical examination of the head of the Hung University Hospital of the fifth court, and the result of the fact-finding,” which reads from No. 14 to No. 6, and from No. 11 to No. 16 of the 5th court.

[Supplementary parts to the 6th of the 5th page 1]

B. Future treatment costs 1) An anti-scam-scam-type alcoholic beverage: An anti-scam-type alcoholic beverage is required for both sides, and 46,430,000 won is required for each side of the anti-scams-type alcoholic beverage. There is no evidence to acknowledge that expenses have been incurred in the treatment prior to the date of the closing of argument in the trial, and thus, the expenses have been paid on May 11, 2016, which is the day following the date of the closing of argument in the trial. 2) Calculation is deemed to have been paid on the following calculation: 40,519,461 won, as indicated below, 40,519,

E. In the lawsuit, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at a rate of 15% per annum under the Civil Act from June 11, 2013, which is the date of the instant accident, to the point of whether the Defendant is liable for performance or not, or the scope of the obligation, until June 24, 2016, which is the date of the final judgment of the court of first instance, to the Plaintiff (i.e., 211,687,924 won 40,519,4619, 200,000 won) and the damages for delay calculated at a rate of 274,726,635 won per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

2. Thus, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit, and the court of first instance.

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