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(영문) 서울중앙지방법원 2016.11.04 2016나4302
손해배상(산)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and this part of the judgment of the court of first instance 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 accepted in accordance with the main sentence of Article 42

2. On the second page of the judgment of the court of first instance, “part of the witness E’s testimony” shall be added to the second page of the judgment of the court of first instance.

Part 4 of the decision of the first instance court [based on recognition] 6 of the first instance court's 6th [the result of the commission of physical examinations to the chief of the Lare University Hospital of this court] shall be "the result of the commission of physical examinations to the chief of the Lare University Hospital of the first instance court".

Part 4(2) of the judgment of the court of first instance shall read each “before the date of the closing of argument in the trial” as “before the date of the closing of argument in the trial,” and each “as of December 4, 2015, which is the day following the date of the closing of argument in the trial,” each “as of September 21, 2016, which is the day following the date of the closing of argument in the trial.” The portion of the calculation of Section 4(c) through Section 5(4) of the judgment of the court of first instance shall be as follows: hereinafter “C”) calculated: KRW 7,706,40 as indicated below (2,746,250 won (4,960,150 won) and the Defendant’s liability ratio related to the instant accident shall be limited to 50% of the amount of damages suffered by the Plaintiff, 39,390,500 won [39,710 won for treatment and treatment] x 50% of the amount of damages in the future.

4) Whether to deduct the insurance money that the Plaintiff received, the Defendant, the insurer of the accident, Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Tsung Fire”).

The plaintiff asserts that the insurance money directly received from the plaintiff should be deducted from the amount of damages.

According to the evidence Nos. 21 and 23, the Defendant and Samsung Fire entered into a comprehensive automobile insurance contract with respect to the crashed cargo vehicle at the time of the instant accident, and Samsung Fire entered into the instant accident with the Plaintiff on November 18, 2013.

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