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(영문) 서울고등법원 2016.07.28 2015나2065897
손해배상(기)
Text

1. All appeals filed by the counterclaim and the counterclaim Defendant are dismissed.

2. The claim of the Counterclaim that has been expanded in the trial.

Reasons

1. The reasons why the court should explain in this judgment are as follows: (a) part of the reasoning of the judgment of the court of first instance shall be cited as “paragraph (2)”; and (b) the reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance except for the addition of the judgment of the plaintiff as “paragraph (3)” under the following, thereby citing it by the main text

2. Parts to be dried;

A. On the third half to third half of the judgment of the court of the first instance, the part "(i) positive damages 6,480,629 won (i.e., expenses for the last 4,496,145 won for future medical expenses 1,984,484 won)" was "(i.e., active damages 7,050,809 won for the last 7,050,809 won for the last 4,066,325 won for the last 4,496,145 won claimed in the first instance trial (=570,180 won for the future medical expenses)."

(b)the third 4th tier judgment of the first instance court "Total 50,229,005 won" shall be added to "total 50,229,005 won;

C. The portion of “only the evidence submitted by the Plaintiff” in Part 17 of the third party decision of the first instance court was determined as follows: “The evidence submitted by the Plaintiff to the trial by the Plaintiff, including all the evidence submitted by the Plaintiff to the trial and the fact-finding results, such as the statement of No. 54 through 59 (including a serial number), and the fact-finding results, etc. on No. 54 through 59.”

Article 4-5 of the first instance judgment of the first instance court provides that "The amount shall be determined at KRW 3,00,000,000,000" of the fourth 4-5 of the first instance court decision shall be deemed as follows: "Although considering all of the evidence submitted by the plaintiff and the defendant up to each trial, the amount shall be determined at KRW 3,00,000,000 (the plaintiff's assertion that the amount should be increased and the defendant's argument that the amount should be reduced shall not be accepted)."

3. Additional determination

A. In full view of the Plaintiff’s assertion’s fact-finding results and the Plaintiff’s assertion, etc., adaptation disorder may occur even in the case of temporary accidents such as the instant accident.

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