Seoul High Military Freight Trucking Association (Law Firm Bain, Attorneys Shin Shin-chul et al., Counsel for defendant-appellant)

Defendant (Attorney Kim Jae-mo, Counsel for the defendant-appellant)

November 16, 2006

Seoul Central District Court Decision 2004Da329496 Decided October 18, 2005

1. The plaintiff's appeal and the defendant's appeal are all dismissed.

2. The costs of appeal shall be borne by each party.

1. Purport of claim

The defendant shall pay to the plaintiff 67,029,60 won with 5% per annum from July 31, 2003 to the service date of the complaint of this case, and 20% per annum from the next day to the day of complete payment.

2. Purport of appeal

A. The plaintiff shall revoke the part of the judgment of the court of first instance against the plaintiff. The defendant shall pay to the plaintiff 46,920,720 won with 5% per annum from July 31, 2003 to the delivery date of the complaint of this case, and 20% per annum from the next day to the day of complete payment.

B. Defendant: The part against the Defendant in the judgment of the first instance is revoked, and the Plaintiff’s claim corresponding to the revoked part is dismissed.

1. Quotation of judgment of the first instance;

The reasons why a member should explain the instant case are as follows: “Generally considering” in Section 12 of Section 7 of the judgment of the first instance, and, in addition to adding “the compensation for all damages incurred by the Plaintiff to the Defendant is contrary to the idea of fairness, and thus, the legal doctrine of offsetting negligence is applied by analogy,” it is identical to the reasons for the judgment of the first instance. Therefore, it is acceptable in accordance with Article 420 of the Civil Procedure

2. Conclusion

Therefore, the judgment of the court of first instance is just with the party members, and the plaintiff's appeal and the defendant's appeal are all dismissed. It is so decided as per Disposition.

Judges Kang Young-ho (Presiding Judge)