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(영문) 광주고등법원 2016.12.21 2016나11034
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Scope of the judgment of this court;

A. In the first instance court, the Plaintiff sought damages for delay calculated at the rate of 173,619,410 won from the day following the delivery of a copy of the complaint of this case to the day of full payment, which is 20% per annum from the day of the first instance court’s determination that the Defendant paid to the Defendant 80,198,740 won for medical malpractice compensation costs of KRW 16,000,000 for unpaid dividends of KRW 80,198,740 for medical accident compensation costs of KRW 16,000 for unpaid dividends of KRW 50,000 for non-paid damages of customer information of KRW 50,000 for non-paid damages of KRW 50,00 for non-paid damages of KRW 50,00 for non-paid damages of KRW 173,619,410 for non-paid damages of KRW 15,200 for each of the following reasons (the second instance court’s determination that the Defendant’s damages for delay of KRW 2165,5,2015.

B. As to the judgment of the court of first instance, ① the part against the defendant in the first instance against the plaintiff, which was calculated at 77,420,670 won [17,619,410 won in the first instance judgment - the amount cited in the claim 96,198,740 won in the first instance judgment, and eventually, 89,000,000 won dismissed in the judgment of the court of first instance (i.e., unpaid 9,00,000 won in the amount of KRW 50,000 in the amount of non-paid 9,000,000 won in the amount of KRW 30,420,670 in the amount of consolation money] from the day following the delivery of a copy of the complaint of this case to the day of full payment, the defendant only 7,420,670 won in the amount of damages for delay calculated at the rate of 15% in the second instance judgment, but only 9,000 won in the appeal to the day after full payment.

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