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(영문) 광주고등법원 2020.05.07 2019나22127
손해배상
Text

1. The judgment of the first instance court, including a claim that has been reduced and expanded by this court, shall be modified as follows:

(e).

Reasons

1. The reasons why the court should explain this part of the facts of recognition are the same as that of the judgment of the court of first instance, and therefore, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff’s alleged damages item: (a) 16,830 won 116,830 won 365,830 won 249,830 won 249,000 won 240 won 80,000 won 124,000 won 4,000 won ; (b) 2,79,000 won 2,79,000 won 2,00 won 2,79,928 won 2,30,00 won 2,00 won 2,30,000 won 2,000 won 2,30,000 won ; (c) 2,798,16,220,000 won x 20,000 won x 20,000 won x 20,000 won x 12,098 won x 2,016 x 208% x 16,297,208

In accordance with the plaintiff's argument, it is judged as consolation money claim.

Gohap KRW 140,00,000, the Defendant committed a tort against the Plaintiff causing the injury of this case and the damage to the property of this case. As such, the Defendant is liable to compensate the Plaintiff for damages incurred by the said tort, including KRW 140,000,000, which the Plaintiff sought, as follows:

3. The reduction of the claim amount based on the same claim, which is a part of the claim for consolation money among the lawsuits in this case, and the claim for damages for delay thereof, is interpreted as a partial withdrawal of the lawsuit (see, e.g., Supreme Court Decision 2003Da46758, Jul. 9, 2004) and the merits of the lawsuit in this case.

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