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(영문) 서울중앙지방법원 2017.06.02 2016나71654
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is used as follows. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article

2. The phrase "statement of calculation of the amount of damages" in Part VII of the judgment of the court of first instance shall be replaced by that of the six pages of the judgment.

From 5th to 10th of the judgment of the first instance court (excluding marks) shall be followed as follows.

[C. Future Medical Costs: KRW 10,560,00 is required for the Plaintiff’s antiscopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic sp

Of the Plaintiff’s medical expenses of KRW 18,187,010 paid by the Defendant, KRW 36,374,020, the amount of KRW 18,187,010 corresponding to the Plaintiff’s fault ratio (=36,374,020 x 50%) shall be deducted. The Defendant asserted that the amount of KRW 25,00,000 should also be deducted from the amount of damages to be paid by the Defendant according to the above judgment after the sentence of the first instance judgment. As such, the effect of repayment due to provisional execution is not final and conclusive, but is merely a matter arising from the condition of rescission on the declaration of provisional execution or cancellation of the original judgment at the appellate court. Thus, even if the Defendant paid the amount of provisional execution pursuant to the judgment of the first instance court, the appellate court should consider it (Supreme Court Decision 93Da26175, Oct. 8, 193; Supreme Court Decision 2000, Oct. 15, 2000>

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