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(영문) 부산지방법원 2015.04.22 2014나12147
손해배상(자)
Text

1. Of the judgment of the court of first instance, payment exceeding the amount that orders the Defendants to pay under the following to the Plaintiff A.

Reasons

1. The reasoning of the court of the first instance’s explanation concerning this case is as stated in the reasoning of the first instance judgment, in addition to the part mentioned below (2). Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts in height:

A. The reasoning of the judgment of the court of first instance is amended as follows.

Of KRW 103,755,462 paid by the Defendant Company to Plaintiff A as part of the compensation for damages, KRW 49,283,844 shall be deducted, plus 25% of the contribution of Plaintiff A to the contribution of 25% and 30% of the negligence ratio of the Plaintiff, and KRW 5,00,000,000 shall be deducted.

[Reasons for Recognition] Facts without dispute, Eul evidence No. 3, Eul evidence No. 4-1, 2, Eul evidence No. 7, 8, 10, 11

B. The reasoning of the judgment of the court of first instance is amended as follows.

Therefore, the Defendants are obligated to pay the Plaintiff 110,941,723 won to each of the Plaintiffs A (i.e., KRW 90,941,723 won for property damage; KRW 4,000,000 for consolation money; KRW 1,000,000 for consolation money to the Plaintiff C; and each of the above payments to the Plaintiff from June 11, 2011, which is the date of the instant accident, where it is deemed reasonable for the Defendants to object to the existence or scope of the obligation to perform to the Plaintiff, until April 222, 2015, which is the date of the first instance judgment, and where the Defendants’ objection to the existence or scope of the obligation to perform to the Plaintiff B and C, 5% per annum as prescribed by the Civil Act until July 9, 2014; and 20% per annum as set forth in the Act on Special Cases Concerning the Promotion of Legal Proceedings, etc. from the next day to the day of full payment.

C. The annexed calculation sheet of damages shall be amended in accordance with the attached Form.

3. In conclusion, the plaintiffs' claims against the defendants should be accepted within the scope of the above recognition, and the remaining claims should be dismissed as it is without merit. Among the judgment of the court of first instance which partially different conclusions, the defendants against the plaintiff A shall be dismissed.

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