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서울중앙지방법원 2015.11.20 2014나825

손해배상(자)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following judgments as to this case, as alleged by the plaintiff, and therefore, it is acceptable to accept this as it is in accordance with the main sentence of Article 420

2. Additional determination

A. According to the health insurance benefit content of the National Health Insurance Corporation against the Plaintiff asserted by the Plaintiff, the Plaintiff did not receive medical treatment for the field check prior to the instant accident, and the Plaintiff’s opinion that there was no special opinion as a result of the TRI inspection on the left-hand check at the hospital. Therefore, it is unreasonable to consider 70% of the king certificate in calculating the labor disability loss rate due to the instant accident.

B. According to the judgment of the court of first instance as a result of the commission of physical examinations to the chief of the hospital at the same time, according to the results of the commission of physical examinations to the chief of the hospital at the same time and the purport of the entire pleadings, the plaintiff was subject to the examination of the chief of the hospital at the right time after the accident in this case, and the plaintiff was finally subject to the examination of the chief of the hospital at the right time. The first instance court's appraisal is reasonable to calculate the degree of contribution due to the accident in this case as 30% since the first instance court's appraisal was conducted on November 16, 2010, and the second instance court's appraisal was conducted on the right time, but part of the body part of the body part at the right time was removed from the body part at the right time, and the second instance court's appraisal was made without the second half of the body part of the body part at the right time. Therefore, it appears that the second half of the body part of the body part at the lower part of the body.