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(영문) 서울중앙지방법원 2015.11.13 2014나67750

손해배상(자)

Text

1. The part against the plaintiff in the judgment of the first instance, including the plaintiff's claim expanded in the trial room, is as follows.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the modification of part of the judgment of the court of first instance as follows. Thus, it is citing it as it is by the main text of Article 420 of the Civil Procedure Act

2. A change (limited to liability for damages) shall be made in the following terms: < Amended by Presidential Decree No. 2030, Dec. 3, 2011>

However, it is reasonable to view that the Plaintiff Company A did not use a safety cap, and that such error contributed to the expansion of damages caused by the instant accident, thereby limiting the Defendant’s responsibility to 90%.

② At the end of No. 4th of the judgment of the first instance court (personal matters) (the physical appraiser of the first instance court is expected to reduce the life expectancy of about 75% compared to the male who is in the same age as of the date of appraisal. According to this, the Plaintiff’s life expectancy from June 18, 2014, which is the date of appraisal, is about 4.1 years from June 18, 2014 (=16.44 years from the normal life expectancy of the same age x 0.25). Thus, the Plaintiff’s life expectancy is added to the date of appraisal.

(3) The number of pages 5, 7, 6, and 20 of the judgment of the first instance shall be changed to the following:

B. The amount of damages calculated by deeming that the annual amount of damages from September 9, 2015, which is the day following the date of closing of argument in the trial for the calculation of future treatment costs, is to be paid once a year from September 9, 2015 to the day of closing of life is as shown in

(c) Expenses for medical treatment 22,324,520 won;

D. The Plaintiff is receiving a preserved treatment in the state of scambling without food due to the instant accident. It is reasonable to view that the Plaintiff’s opening of 12 hours a day is necessary for eating, entering, cleaning, cleaning, scambling, moving, etc., in a state in which scambling can be supplied with food to the said Minister’s tubes in a state of scambing, using scambling, and making it impossible to walk, and making it impossible to independently conduct daily life due to communication impossible.

shall be calculated.