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(영문) 서울중앙지방법원 2019.10.11 2018나83903

손해배상(자)

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The reasoning of the court's explanation concerning this case is the same as the reasoning of the judgment of the court of first instance, except for the addition or dismissal as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. A statement of calculation of the amount of damages in attached Form 1 of the judgment of the court of first instance, a statement of future treatment expenses in attached Form 2, and a table of supplementary equipment in attached Form 3 shall be replaced by that of the judgment of the court of first instance.

The 6th to 7th of the first instance judgment shall be followed by the following:

[1] The sum of the medical expenses of KRW 16,324,980 (the sum of the costs claimed by the Plaintiff plus KRW 13,250,360 (the sum of the costs claimed by the Defendant’s higher-ranking disease and additional food for the Plaintiff) plus KRW 37,917,00 (the cost of oriental medicine for the treatment and recovery of the Plaintiff ought to be considered to be within an appropriate extent) plus the cost of household goods asserted by the Defendant among the amount claimed by the Plaintiff. The sum of KRW 1,519,900 (the cost of household goods asserted by the Defendant among the purchase cost of the Plaintiff) cannot be readily concluded to have been excessive in proximate causal relation with the accident solely on the ground that each purchase cost of kneeb aids, electric shocking, rehabilitation bicycle, and private can not be concluded to have been excessive, considering the degree of injury and disability of the Plaintiff, it is considered to have been within an appropriate scope for the treatment and recovery of the Plaintiff.

C. From August 24, 2019, the day following the date of closing argument in the trial for the convenience of calculating future medical expenses, the expense shall be calculated as the present price at the time of the instant accident.

The 16th to 21th of the first instance judgment shall be followed by the following:

On August 24, 2019, the day following the date of the closing of argument in the trial for the convenience of the calculation of the auxiliary district shall be deemed to have been first disbursed.

However, the fact that the Plaintiff purchased the electric lifts on November 5, 2016 is not a dispute between the parties, and the wheelchairs is deemed to be purchased after five years from the date of the purchase. According to the evidence No. 20-351, the Plaintiff’s purchase of the electric beds on December 6, 2016 is recognized, and thus, the special bed.