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(영문) 서울중앙지방법원 2020.05.01 2019나51804

손해배상(자)

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for this part of the judgment of the court of first instance is the same as that of the corresponding part of the judgment of the court of first instance, except for the fact of recognition, the judgment on the Defendant’s main defense of safety, the occurrence of liability for damages, and the occurrence of this part of the liability for damages, that is, the court’s reasoning for this part is that “ August 11, 2015” in the first sentence of the judgment of the court of first instance as “ August 31, 2015.”

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, it is the purport of rejecting all the arguments of the parties, which are not separately explained by the parties.

[Ground of recognition] 5, 6, 8 through 12, 2 through 8, and 10 of Eul (including numbers, if any; hereinafter the same shall apply), the result of the commission of physical appraisal to the chief of the first instance court and the result of fact inquiry, significant facts, rule of experience and the purport of whole pleadings

A. On-site income: Personal information of KRW 5,477,161 (1): The income and operating period are as stated in the “basic matters” list of the amount of damages calculated: 2) the Plaintiff was a man aged 68 at the time of the instant accident. The Plaintiff was working as Kwikset service delivery date. From the date of the instant accident, for 24 months from the date of the instant accident, the amount equivalent to urban daily wage (22 days per the same day) as an ordinary father could have been obtained as income.

3. Sphere disability and aftermath disability (for example, bypassing the right side): by Mabrid disability assessment table, the official lectures of the Mabrid disability.

(a) Part II (B) from among the shoulders (B) - A (in the active exercise of dogs, the condition of the shouldered body), 4 (outstanding and revolvings, regrouts, regrouts and regrouts), vocational coefficient 5, and contribution 50% to the labor capacity loss rate of 18%.