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(영문) 서울중앙지방법원 2020.08.13 2019나75824

손해배상(자)

Text

1.The judgment of the first instance, including the purport of expansion and reduction in the trial, shall be modified as follows:

Reasons

1. The argument between the plaintiff and the defendant in the trial of the court of first instance is not significantly different from the argument in the court of first instance, and the decision in the court of first instance is just even if all evidences are comprehensively examined and re-written.

Therefore, the reasoning for this Court concerning this case is as follows, and the reasoning for the judgment of the court of first instance is the same as that for the judgment of the court of first instance except for the dismissal or addition as follows.

[C] The "attached Form of Calculation of Damages" is added to the "attached Form of Calculation of Damages" in this judgment.

Then, “The 3,062,220 won was paid after the closing of argument in the first instance,” and “(based on recognition)” are added to “A or 7 evidence” respectively.

Part 6. The following shall be added:

(A) The Defendant asserts that the rate of loss of labor ability should be calculated on the premise that the Plaintiff wears an artificial leg, but the Defendant’s assertion is merely an ordinary leg, not a special leg, and thus, does not accept the Defendant’s assertion) of the 5th parallel “24,896,309 won” of the 12th parallel of 12, “254,715,028 won.”

Article 18,896,190 Won ( = 9,770,940 + 6,063,030 + 6,030 + 6,063,030 + 6,030 + 6,063,030 + 3,062,220 won) of the 6th 17 and 18 parallels.

The part of the “Conclusion.....” in Part 7 above shall be as follows.

G. Conclusion, the Defendant concludes that KRW 84,308,014 (property damage KRW 39,308,014) and KRW 81,969,937, which is the cited amount of the judgment of the first instance court, among the damages to the Plaintiff, shall be 5% per annum as stipulated by the Civil Act from September 6, 2015 to October 17, 2019, and 12% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, 2,38,077, which are additionally cited at the trial, from September 6, 2015 to August 13, 202, and 5% per annum from the next day to the day of full payment, from September 6, 2015 to the day of full payment, and 12% per annum, respectively.