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(영문) 대전지방법원 2020.10.20 2019나119457
손해배상(자)
Text

The plaintiff's appeal is dismissed.

In accordance with the expansion of the claim at the trial, the defendant is subject to KRW 51,514,904 for the plaintiff.

Reasons

1. The reasoning for the judgment of the court of first instance is to dismiss Gap evidence 17 and 18 (including paper numbers) submitted by the plaintiff at the trial of the court of first instance as insufficient evidence, and the reasoning for the judgment of the court of first instance is to read "101,052,028 won, which is sought by the plaintiff, are to be calculated as KRW 152,56,932 won" and "101,052,028 won, which is sought by the plaintiff, shall be calculated as KRW 152,56,932 won", and the reasoning for the judgment of the court of first instance except for the following parts:

(Application Law: the main sentence of Article 420 of the Civil Procedure Act).

D. From February 6, 2016, the Defendants were jointly and severally and severally liable to the Plaintiff [156,157,267 won for active damages of KRW 80,06,540 (=152,566,932 won for nursing expenses of KRW 28,540 for future medical expenses of KRW 3,561,895)] among them, KRW 10,000 for consolation money of KRW 194,710,903 for the amount of KRW 194,225,80 for the instant accident, and KRW 20% for delay damages of KRW 250 for the period from February 6, 2016 to November 6, 2019 to the date of the instant accident; KRW 20% for delay damages of KRW 250 per annum from the date of the first instance judgment to the date of the instant accident; and KRW 250 per annum for delay damages of KRW 250 per annum from the date of the instant accident.

2. Conclusion, the claim of this case should be accepted within the extent of the above recognition, and the remainder should be dismissed as there is no reasonable ground.

The judgment of the first instance court (excluding the part of the opening cost expanded from the trial) is justifiable, and thus the plaintiff's appeal is dismissed.

In accordance with the claims extended in the trial, the defendants are also subject to the defendants.

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