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(영문) 부산지방법원 2015.12.17 2015나44172
손해배상(자)
Text

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

Reasons

1. In the first instance trial, the Plaintiff sought payment of KRW 54,690,430 in total, including ① daily income of KRW 44,190,430, ② KRW 500,000, ③ KRW 10,000,000 for consolation money.

The first instance court dismissed the claims, and ② the claims are fully accepted, ③ the claims are partially accepted, and ③ the claims are partially accepted.

Only the Defendant filed an appeal regarding the part against the Defendant exceeding one million won among the claims.

Therefore, the scope of this court's adjudication is limited to the claim, i.e., the part against the defendant exceeding one million won among consolation money.

2. The reasoning of the court’s explanation concerning this case is as follows, except for the case’s case’s 3 page of the judgment of the court of first instance, the part of “the consolation money” of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article

[Completioned Parts]

3. D.

The consolation money shall be determined as KRW 5 million in consideration of the Plaintiff’s age, circumstances leading up to the occurrence of the accident, degree of injury, circumstances leading up to the Plaintiff’s occurrence of the accident, the circumstances leading up to the Plaintiff’s occurrence of re-act, and all other circumstances revealed in the argument of this case

3. Conclusion, the defendant is obligated to pay to the plaintiff 5 million won (the amount of KRW 5 million for the treatment expenses of KRW 5 million) and the amount of KRW 5 million for the treatment expenses of KRW 5 million from June 14, 2013, which is the date of the instant accident to May 28, 2015, which is the date of the first instance judgment, to the date of the first instance judgment, 5% per annum under the Civil Act until May 28, 2015, and 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment. The defendant has a duty to pay damages for delay calculated with respect to KRW 5 million from June 14, 2013 to the date of full payment. It is reasonable to dispute about the existence and scope of the defendant's obligation to pay damages for delay from the next day to December 17, 2015 to the date of full payment.

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