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(영문) 서울서부지방법원 2019.07.05 2018나42501

손해배상(산)

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 147,572,067 and KRW 123,553,064 among them.

Reasons

1. The reasons why the court should explain this part of the facts of recognition, the occurrence of liability for damages, and the limitation of liability are as follows: Article 30(4)15 of the Enforcement Rule of the Industrial Safety and Health Act (the Enforcement Rule of the Industrial Safety and Health Act) is the same as the reasons for the judgment of the first instance, except where the "Article 30(4)15 of the Enforcement Rule of the Industrial Safety and Health Act" is applied to "Article 30(4)7 of the Enforcement Rule of the Industrial Safety

2. In addition to the parts stated below within the scope of liability for damages, each of the corresponding items in the annexed Schedule of Calculation of Compensation, and the period for the convenience of calculation, in principle, shall be monthly, but less than the last month and less than KRW 1,00 shall be discarded.

The current price calculation at the time of the accident shall be based on the discount method that deducts interim interest at the rate of 5/12 per month.

It shall be rejected that the parties' arguments are not separately explained.

[Ground of recognition] A without dispute, Gap evidence 1 to 10, Eul evidence 12, Eul evidence 1 to 5, Eul evidence 1 to 5, the testimony of the first instance court F, the result of the commission of physical examination to the chief of the J Hospital at the court of first instance, the purport of the whole pleadings

(a) Actual Income: 308,511,190 won: Personal information of 308,51,190 won: as stated in the table for calculating the amount of damages: 2) Income: Urban daily wage of an ordinary worker (22th day of the same month): 4th day of November 19, 2045, the maximum working age of the ordinary worker: 5th day of the disability (4th day of November 19, 2045), the remaining disability (15% of the labor capacity loss rate due to non-surdy, permanent disability (4th day of the same month), the permanent disability (5th day of the vocational coefficient because it is a part IV-A, and a dub) [5] disability from the date of the accident in the table for calculating the amount of damages; and 3 years from the date of the accident in the table for calculating the amount of damages; and 3rd day of the occupational disability from the date of the accident [5%) disability from the date of the occupational disability assessment; and