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(영문) 서울중앙지방법원 2020.12.10 2020나444
손해배상(자)
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 is revoked.

Reasons

1. Of the grounds of appeal on this part, the argument regarding limitation of liability among the grounds of appeal on the occurrence of liability for damages is not significantly different from the argument in the first instance, and the first instance judgment on limitation of liability is acceptable even if all evidence are comprehensively examined.

Therefore, this court's reasoning is the same as that of the corresponding part of the judgment of the court of first instance. Therefore, this court's reasoning is acceptable in accordance with the main text of Article 420 of the Civil Procedure Act

2. The grounds for this part of the scope of the liability for damages are as stated in the judgment of the court of first instance, except for the parts which are dismissed or added as follows, and thus, they are cited as they are in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary or additional parts] A statement of calculation of damages in attached Form of the judgment of the court of first instance shall be applied in attached Form of the judgment of the court of first instance.

The evidence 10 of the first instance court's judgment is added to the third party 12th (based on recognition).

According to the first instance court's decision, the first instance court's first instance court's second instance's second instance's second instance's contribution to "the degree of contribution to the accident of this case", "10%" is "40%", "B" on July 31, 2029, "C" on March 24, 2029, "32,280,338 Won 33,302,69 Won.

The fourth decision of the first instance court is that the deduction and offset are as follows:

D. Of the medical expenses already paid by the Defendant 16,896,810 won, the amount equivalent to the Plaintiff’s negligence and the amount equivalent to the amount equivalent to the amount equivalent to 11,827,767 won in the said amount of damages shall be deducted from the said amount of damages shall be deducted from the amount of damages, following the fifth third instance judgment of the first instance court.

F. According to the theory of lawsuit, the Defendant is liable for damages to the Plaintiff for KRW 21,39,739 (i.e., KRW 13,149,257 consolation money of KRW 8,248,482), as well as KRW 8,248,482, which is the date of the accident, 5% per annum as stipulated by the Civil Act from January 1, 2017 to November 29, 2019, which is the date of the first instance judgment, from the next day to the date of full payment, 12% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment, and the remainder 13,1

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