손해배상(산)
1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 85,150,304 and KRW 11,789,981 among them.
1. In the event that the Defendant and G instructed the other employees of ordinary level of money to “the Plaintiff to close off the mechanical work” and the other employees had never known the Plaintiff that they had engaged in the cutting work, even though the Plaintiff was subject to a non-guilty disposition as to the alleged violation of the Military Service Act, but the Seoul regional military manpower office sent the instant accident to the Plaintiff as a prosecution opinion, the Defendant alleged that the instant accident occurred due to the Plaintiff’s negligence near the intentionality. However, the Defendant’s assertion related to the occurrence of liability and the limitation thereof does not differ significantly from the allegations in the lower court, and even if reviewed again by taking into account all the evidence, the first instance judgment on the occurrence of liability and the limitation thereof is justified.
Therefore, this court's reasoning is the same as the corresponding part of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The scope of liability for damages is set forth in the main sentence of Article 420 of the Civil Procedure Act, on the ground that this Court does not include any of the following parts, as stated in the corresponding part of the judgment of the court of first instance, except for any further parts.
The attached calculation table of damages in attached Form of the judgment of the first instance court shall be applied in accordance with the attached Form of this judgment.
Part 13 and 14 of the 4th page "before he reaches 60 years of age, as the plaintiff seeks," and part 19 of the 19 page "before he reaches 60 years of age" respectively.
The fifth sentence "152,420,038 won" shall be deemed "188,035,398 won".
The fifth part of the “Deduction” portion is as follows:
The amount of disability benefits paid by the Plaintiff from the Korea Workers' Compensation and Welfare Service shall be deducted from the actual income of the Plaintiff.
The defendant asserts to the effect that the Korea Labor Welfare Corporation shall deduct the temporary layoff benefits paid to the plaintiff from the amount of KRW 23,724,00 and the medical care benefits of KRW 14,91,030, as seen earlier.