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(영문) 부산지방법원 2019.05.31 2018나63068
손해배상(기)
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the cancellation part shall be revoked.

Reasons

1. The reasoning of the lower court’s acceptance of the first instance judgment is as stated in paragraphs (1) and (2) of the reasoning of the first instance judgment, except for the deletion or addition under Paragraph (2) below, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Details to be deleted or added.

A. The reasoning of the judgment of the court of first instance is to delete Section 2-D (No. 9).

B. The defendant added the terms "the maximum amount of the mutual aid agreement of this case for the first time refers to the total amount of compensation for all accidents caused by the act of the mutual aid subscriber during the period of mutual aid. The victims related to the mutual aid agreement of this case for the period from April 20, 2017 to April 19, 2018, M, N,O, P, etc., other than the plaintiff, have paid KRW 103,849,314 to the above victims' maximum amount of compensation for 103,849,314, which is the maximum amount of compensation for the above victims, the defendant's liability for the payment of the mutual aid amount to the plaintiff was extinguished. The objective meaning of Article 8 (1) of the mutual aid agreement of this case for the period from 30,000 to 130,000 won, the total amount of compensation for all accidents caused during the mutual aid period of 10,000 to 181,000 won."

The provisions of this case and the terms and conditions of mutual aid include rights and obligations to distribute the amount of mutual aid according to the ratio of the amount of damages recognized by the defendant.

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