logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.12.20 2019나54392
손해배상(기)
Text

1. All incidental appeals by the Plaintiff (Counterclaim Defendant) and the appeal by the Defendant (Counterclaim Plaintiff) are dismissed.

2...

Reasons

1. Determination as to the principal lawsuit

A. The summary of the grounds of appeal 1) In light of the Plaintiff’s assertion, the degree and progress of treatment, the Defendant’s tort, and consolation money recognized to the Defendant, etc., it is unreasonable to limit the Defendant’s liability for the medical expenses of the Plaintiff to 60%, and the amount of consolation money to be paid to the Plaintiff is excessively less than 1,50,000 won. Furthermore, the judgment of the first instance court on lost income is unreasonable, as the Plaintiff was able to cultivate orchard at least three years at the time of the accident at the time of the accident, and the Plaintiff’s actual damages (=12 million won x 3 million won x 3 million won x 3 million) - 2) - the Defendant’s assertion did not cause injury to the Plaintiff, and the Plaintiff’s own loss and loss to the Plaintiff’s own by itself, and it is unreasonable for the first instance court to recognize tort liability based only on the Plaintiff’s statement and wrong criminal judgment.

Even if the defendant's negligence exists, there is no causation between the defendant's act and the plaintiff's injury.

Furthermore, among the plaintiff's medical expenses recognized by the first instance court, there are many expenses not related to this case, so it is erroneous in calculating the amount of damages.

B. We examine the claims of the Plaintiff and the Defendant regarding the principal lawsuit together, and the grounds for appeal by the Plaintiff and the Defendant are the same as the allegations in the first instance court, and the fact-finding and judgment by the first instance court are recognized as legitimate even if the evidence additionally submitted in the first instance trial has been presented.

In the original civil trial, even if it is not bound by the fact-finding of the criminal trial, the fact that the criminal trial already became final and conclusive on the same factual basis is a flexible evidence, and thus, the fact-finding of the criminal trial is judged in light of other evidence submitted in the civil trial.

arrow