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(영문) 대법원 1980. 3. 25. 선고 80다68 판결
[손해배상][공1980.5.15.(632),12742]
Main Issues

Cases in which the statement on the criteria for calculating passive damages has been made a confession in court;

Summary of Judgment

The statement that the plaintiff had been an overseas employment function-certified Congo at the time of the accident is the result of the adoption based on his occupation, which constitutes a confession in court as to the passive damage, which is the main fact.

[Reference Provisions]

Article 261 of the Civil Procedure Act

Plaintiff, the deceased and the deceased

[Judgment of the court below]

Defendant-Appellee

International Service Co., Ltd., Counsel for the defendant-appellant

original decision

Seoul High Court Decision 79Na1226 delivered on December 5, 1979

Text

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

Reasons

The grounds of appeal by the Plaintiff’s attorney are examined.

The statement that the judgment of the court below was made by the plaintiff's attorney at the time of the accident at the time of the accident at the time of the accident at the time of the plaintiff's overseas employment, and that the decision was made as a confession in a trial, was justifiable, and the defendant's attorney asserted that the above claim first stated was accepted in that it was later by the record, and the above plaintiff's assertion by the plaintiff's agent is a confession in a trial as a prior confession. This is because the plaintiff's statement that the plaintiff's judgment was the pecart constitutes a confession in a trial as to the passive damages which are the main facts as a result of the result of the analysis

Therefore, it is difficult to say that there is a misapprehension of the legal principle of revocation of confession in the judgment of the original court, and there is a mistake in receiving criticism on the exercise of the discretionary power.

The issue is without merit and is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Il-young (Presiding Justice)

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