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(영문) 서울중앙지방법원 2016.07.28 2015나63670

손해배상(자)

Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The court's explanation on this part of the grounds for the judgment of the court of first instance is the same as the pertinent part of the reasoning of the judgment, and thus, it shall accept it as it is by the text of Article 420 of the Civil Procedure Act

2. The current rate of the amount of damages at the time of the accident shall be calculated on the basis of the discount method that deducts intermediary interest at the rate of 5/12 per month, and the period for the convenience of calculation shall be calculated on a monthly basis, but the last month and the amount of less than KRW 1 shall be discarded.

In addition, it is rejected that the parties' arguments are not stated separately.

Personal information 1) Personal information: G students, men, and women at the time of the accident 67 years old and 17 years old at the time of the accident : In light of the fact that the deceased was in the state of incomplete death of strings and cerebral damage caused by the industrial accidents that occurred around August 2003, and that the deceased was in the state of incomplete strings moving wheels in daily life at the time of the accident in this case, but the strings of the deceased were seated, or might have been in the inside, without any serious difficulty in respiratory, and that the strings of the deceased are 10.52 years old compared to normal, and the remaining life of the deceased will be August 26, 2023. < Amended by Presidential Decree No. 20194, Aug. 26, 2023>

The defendant asserts that the name of the deceased should be determined on the basis of the 2003-year period in which the deceased suffered an industrial accident before his birth. However, the reason for determining the name of the deceased after the accident of this case is based on the presumption of how the deceased could survive at the time of the accident of this case, which is a tort, the defendant's assertion is without merit.

3. Income and operating period: 4,324,690 won per month of disability pension, and until the end of life expectancy of the deceased at the time of the accident, if the name of the deceased is calculated based on the condition of the deceased at the time of the accident, the income of the deceased shall also be recognized by reflecting the condition of the deceased who was supported after the above industrial accident. At the time of the accident, the condition of the deceased at the time of the accident shall be at