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(영문) 서울중앙지방법원 2016.06.10 2016나5824

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. The reasons why the court should explain this part of the judgment of the court of first instance are as follows: “Plaintiff A” among the judgment of the court of first instance is as “Plaintiff”; “Plaintiff B” as “B; “Plaintiffs” as “Plaintiffs and B, respectively, and not more than 5 pages 1 as follows; and reflecting the above contents, it is identical with the reasons for the judgment of the court of first instance in addition to the replacement of the attached table of the judgment of the court of first instance as follows. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[1] Mental health department: 36,565,120 won (in the absence of evidence to prove that expenses incurred in the treatment have been spent prior to the date of closing of the arguments in the trial court, 3,693,745 won shall be deemed to have been spent each year from April 27, 2016 to the date following the date of closing of the arguments in the trial court.

2) Sexually outdoor departments: 3,796,348 won (in the absence of any evidence to prove that the medical treatment was provided before the date of the closing of argument in the trial, and thus, the expense shall be calculated on April 27, 2016, which is the day following the date of the closing of argument in the trial.

(3) The Plaintiff asserted that the purpose of dental and rehabilitation medical treatment is necessary, but as seen earlier, dental disability is not related to the instant accident, and it is insufficient to recognize the necessity of medical treatment costs for rehabilitation, only with the statement in the evidence No. 11-3, and thus, it is not acceptable to accept the aforementioned assertion.

C. In full view of all the circumstances indicated in the pleadings, such as the part and degree of injury caused by the instant accident, the progress of treatment, the details and necessity of the nursing, etc., the Plaintiff appears to require the Plaintiff to take care by adult women for six hours a day during the life period from the date of the instant accident, and the expenses incurred therein are based on the daily wage for adult women rural communities.

The calculation shall be as follows:

Deduction: 182,500,000 won in case of a provisional payment

E. Reasons for consolation money 1: the background of the instant accident, the part of the bodily injury, and the part of the aftermath disability.