(영문) 부산지방법원 2018.07.06 2017나58489

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(영문) 부산지방법원 2018.07.06 2017나58489

손해배상(산)

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1. Of the parts concerning lost income damage in the judgment of the court of first instance, the following amount of money ordered to be additionally paid.

Reasons

1. Scope of trial in the party trial after the process of lawsuit and remand;

A. The following facts are acknowledged according to the progress records of the lawsuit.

1) On June 1, 2013, the Plaintiff filed an appeal against the Defendant on the part of the first instance judgment against the Plaintiff, which partially accepted the Plaintiff’s claim. (2) On the part of the first instance judgment against the Plaintiff, the Plaintiff appealed on the part of the first instance judgment against the Plaintiff. ① On June 1, 2013, the Defendant’s fishing vessel, KRW 81,570,388 (the Defendant’s fishing vessel received disability benefits by deducting KRW 69,351,70), ② KRW 64,00,00,000, and ② KRW 145,570,388, including solatium 64,570,000, and KRW 68,606,382 (the Defendant’s fishing vessel’s claim for damages for delay) before remanding, the Plaintiff’s claim for damages for delay was dismissed. Meanwhile, the Plaintiff’s claim for damages for delay was dismissed.

3) As to the judgment of the first instance prior to remand, the Plaintiff asserted as the ground of appeal that there was an error in calculation of the part concerning lost income damages, and that the amount of consolation money is unreasonable. 4) The court of final appeal reversed the part against the Plaintiff relating to lost income in the judgment prior to remand, and remanded the case to Busan District Court, on the ground that the court below erred in calculating the result of calculation in calculating the amount of property damages equivalent to lost income.

B. Since the final and conclusive part of the Plaintiff’s claim for consolation money (including delay damage) was already finalized due to the judgment of remanding according to the scope of the judgment of the court, the scope of the judgment of the court after remand is limited to the part concerning lost income damage which was reversed among the instant lawsuit.

2. As to the occurrence of liability for damages, this part of this Court.

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