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(영문) 서울중앙지방법원 2016.05.13 2015나37602
손해배상(자)
Text

1.The judgment of the first instance, including a claim extended and reduced in the trial, shall be modified as follows:

The defendant.

Reasons

1. Scope of the judgment of this court;

A. The following facts are apparent in the process of the instant lawsuit.

(1) On February 14, 2007, the Plaintiff filed a lawsuit seeking damages due to traffic accidents with Seoul Central District Court 201Kadan141533. On June 25, 2013, the court of the first instance rendered a judgment in favor of the Plaintiff that “the Defendant shall pay to the Plaintiff 9,979,658 won and the amount calculated at the rate of 5% per annum from February 14, 2007 to June 25, 2013, and 20% per annum from the next day to the date of full payment.”

(2) On November 20, 2014, the judgment of the court of first instance rendered a ruling that "the court of first instance shall include the claims extended and reduced in the trial court's judgment, 116,195,623 won and the amount of money calculated by the rate of 5% per annum from February 14, 2007 to November 20, 2014, and 20% per annum from the next day to the date of full payment," which states that "the court of first instance shall pay to the Plaintiff 16,195,623 won and the amount of money calculated by the rate of 20% per annum from the next day to the date of full payment."

(3) On June 23, 2015, the court of final appeal rendered a judgment that “The part of the future medical expenses out of the part against the defendant in the judgment of the court of first instance prior to the return shall be reversed, and this part of the case shall be remanded to the court, and the remaining appeal by the defendant shall be dismissed.”

B. Therefore, the judgment of the court below (1) became final and conclusive on the remaining part of the plaintiff's claim of this case excluding the part concerning future medical treatment costs (including the part which is recognized as the early medical treatment costs from the early medical treatment costs), and the scope of the judgment of this court after remand is reversed and remanded as above, i.e., the part which was reversed and remanded.

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