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(영문) 부산지방법원 2019.05.31 2017나40754

손해배상(자)

Text

1. The judgment of the first instance, including the plaintiffs' claims extended and reduced by this court, shall be modified as follows.

Reasons

1. 기초사실 및 손해배상책임의 발생 이 법원이 이 부분에 관하여 설시할 이유는 제1심 판결문 제3쪽 17행의 “부상정도” 다음에 “이 사건 사고 당시 원고 A이 충격으로 인하여 버스 밖으로 튕겨져 나간 것으로 보이는 점 등”을 추가하는 외에는 제1심 판결문 이유 해당 부분 기재와 같으므로 민사소송법 제420조 본문에 의하여 이를 인용한다.

2. The period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than won shall be discarded, and the current value calculation at the time of the accident of damages shall be in accordance with the simple interest rate which deducts intermediary interest at the rate of 5/12 per month, and it shall be deemed to have been rejected that which is not written among the parties' arguments; and

A. Personal information 1) Plaintiff A’s daily income : Kynam at the time of the instant accident, 36 years of age 8, 1, and 31 March 21, 2050, according to the result of the physical appraisal commission (mental health department) by the N University Hospital director of this court, Plaintiff A’s life expectancy was reduced to 12 years of age according to the result of the analysis of the survival rate of patients suffering from exposure to external brain injury. However, this is based on 40 men at the time of the instant accident, and it is difficult to apply it to the said Plaintiff 36 years of age at the time of the instant accident. According to the result of the physical appraisal commission by the court of first instance and the physical diagnosis by the head of the N University Hospital director of this court, it is difficult to view that Plaintiff A’s physical injury was reduced to 30 years of age from the end of the pertinent N University Hospital director’s age 25 to the end of the pertinent year, and there is no evidence to acknowledge the maximum working age of Plaintiff A’s 305 years of age.