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1.The judgment of the first instance shall be modified as follows:
With respect to the accident described in the attached list, the plaintiff (Counterclaim defendant).
Reasons
1. Judgment of the court of first instance on the grounds that combined principal lawsuit and counterclaims with the judgment of the court of first instance shall explain this case;
2.(b)
1 paragraphs 1 and 3. The following parts shall be cut as follows, and the following parts shall be added:
2.(b)
(5) In addition to the addition to paragraph (1), the reasoning of the judgment of the first instance is the same as that of the judgment of the first instance, and thus, the language, including the abbreviation, is cited pursuant to the main sentence of Article 420
2. The part to be mard;
2.(b)
1) Comprehensively taking account of the following circumstances acknowledged by the evidence mentioned in Paragraph 1, 5, 12, 14, and 15, the Defendant incurred damages of KRW 39,062,778 (= Defendant’s expense KRW 42,562,78 - Value-Added Tax KRW 3,500,000 due to the instant accident.
I would like to say.
3. Paragraph (1)
3. Conclusion
A. The Plaintiff’s obligation to pay insurance money to the Defendant due to the instant accident in the principal lawsuit is below.
shall not exceed the amount stated in the subsection.
B. As for the insurance money of KRW 39,062,778 as well as the damages for delay calculated by the rate of 15% per annum under the Commercial Act from August 15, 2017 to December 13, 2019, which is the day following the day when the plaintiff delivered a duplicate of the counterclaim to the plaintiff as requested by the defendant, as the result of the accident of this case, is obligated to pay to the defendant damages for delay calculated by the rate of 39,062,778 per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day until the day when the plaintiff delivered a duplicate of the counterclaim to the plaintiff as requested by the defendant.
3. Additional parts: Provided, That in cases where it is necessary to repair goods owned by a victim due to damage caused by other person's illegal acts, if the victim bears the value-added tax required for repair, the victim may claim compensation against the perpetrator for such damage, including value-added tax.