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(영문) 인천지방법원 2017.02.14 2016나58089
손해배상(기)등
Text

1. Of the judgment of the court of first instance, KRW 11,513,964 against the Defendants and KRW 5,00,000 among them shall be from July 1, 2014 to June 1, 2016.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: (a) the part of the first instance court's judgment No. 5, 6 pages "1), 5, 6, 1, 2, 2, 2, 3, and 6, 6, 3, 3, 3, 3, 5, 5, 5, 5, 5, 5, 5, 5, 5

Except for the addition of the following part in the preceding part of paragraph 3, the reasoning of the judgment of the first instance is the same as that of the judgment of the court of first instance, and thus, it is quoted in accordance with the main sentence of Article

2. Part 1: 580,719 won (=52,819 Won 7,900 Won 20,00), which is 142,276 won (i.e., 580,719 won x 0.7 x 0.35 x less than KRW 0.35 x 2) which is the amount taking into account the ratio of responsibility of the Defendants to the king and the liability of the Defendants: The anticipated future treatment cost is 2,865,940 won (1,432,970 x 2 years) which is the date following the date of closing the argument for convenience, and the above amount is calculated to have been disbursed on January 25, 2017 as stated below (i.e., the amount which the Defendants are liable to compensate is less than 2,547,247 won x 275 x 275 x 375 x 275).

3. The Plaintiff received KRW 1,611,00 ( KRW 50,000, KRW 5000, KRW 165,000) from Samsung Fire and Marine Insurance Co., Ltd. for provisional payment on July 1, 2014 in relation to the instant case, comprehensively taking into account the entries in the evidence No. 9-1 through 4, 13, and the purport of the entire pleadings as a result of the above physical appraisal commission, as well as the overall purport of the arguments. The above provisional payment can be acknowledged as having been the fact that the Plaintiff was the king medical expenses, such as the expenses for hospitalized treatment, which the Plaintiff did not request from the instant claim. As such, the part corresponding to king and the Plaintiff’s negligence should be deducted from the provisional payment, and when calculating this, the aforementioned provisional payment should be deducted from the aforementioned amount 73,005 won ( KRW 1,611,000 x 07.65) out of the provisional payment.

4. Accordingly, according to the theory of lawsuit, the defendants jointly do so to the plaintiff as the total amount of damages incurred by the accident in this case.

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