Text
1. The following payments are ordered among the parts concerning Defendant Mart Life Insurance Co., Ltd. in the judgment of the first instance.
Reasons
1. The reason why the court used this part of the judgment concerning the plaintiff's cause of action is as stated in the corresponding part of the reasoning of the judgment of the court of first instance (as to the second to fourth to fourth to fourth to half of the judgment of the court of first instance), except for adding the following contents to the subsequent actions of the court of first instance (as to the second to fourth to half of the judgment of the court of first instance), and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure
【Supplementary part】 (In the case of a party, while the plaintiff was in the trial, it is insufficient to conclude that the plaintiff suffered damage exceeding 70,489,829 won recognized by the first instance court due to the defendant B’s tort even if he did not appear to have any other circumstance alleged by the plaintiff in the trial, and it is not acceptable to accept the above assertion, on the grounds that there is no other evidence to acknowledge it.
【】
2. The reasons why the court used this part of the defendants' defense are as follows: (a) the part of the 5th judgment of the court of first instance was deleted from 14 to 6th 2 (2) (the plaintiff recognized that he received 3,835,000 won from the defendant B from November 2, 201 to January 11, 201) and (b) the part of the 7th 9th judgment of the court of first instance (the part of the 5th 2 through 7th 9th 9th of the judgment of the court of first instance) in the relevant part of the grounds for the judgment of the court of first instance (the 5th 5th 2 through 7th 9th 9th of the judgment of the court of first instance). Thus, it is cited pursuant to the main sentence of Article 420 of the Civil Procedure
【The portion of the damages paid by Defendant B, as seen earlier, is recognized to have been repaid KRW 47,059,420 out of the damages to the Plaintiff. As such, the full amount of the damages paid by Defendant B, as a matter of course, should be deducted in determining the scope of the damages paid by the Plaintiff. As such, the damages payable by Defendant B to the Plaintiff are KRW 23,430,409 ( = 70,489,829 - KRW 47,059,420).
2. Meanwhile, in the case of the Defendant Company, Defendant.