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(영문) 창원지방법원 2017.07.12 2016나60109

손해배상(자)

Text

1. Of the judgment of the court of first instance, the Plaintiff’s KRW 24,225,529 and KRW 21,378,072 among the Plaintiff’s KRW 21,378,072 as to the Defendant among the judgment of the court of first instance.

Reasons

1. The reasoning of the judgment of the court of first instance, which is to be stated in this case, is as stated in the reasoning of the judgment of the court of first instance except for the case where the plaintiff in the fourth 19 of the judgment of first instance is deemed to be "the defendant" and the part used in the second 2 below, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure

2. The 8th page of the judgment of the court of first instance and the 7th page of the trial shall be dried as follows.

C. Future medical expenses: KRW 2,847,457 (According to the result of the physical examination commission with respect to the head of the Gyeong University Hospital of the first instance court, 3,500,000 won may be acknowledged as requiring the said expenses to be spent at the reflect c,50,000 won for the Plaintiff’s reflect c,50,000 won. However, inasmuch as there is no proof that the Plaintiff paid such expenses by the date of closing argument in the trial, it shall be deemed to have been disbursed on June 1, 2017 as of the date following the date of closing argument in the trial on the grounds that the Plaintiff did not assert any assertion that it was spent by the date of closing argument in the trial, it shall be deemed to have been disbursed on June 1, 2017.

D. Mutual aid: The defendant sought a deduction of the amount equivalent to the plaintiff's ratio of negligence out of KRW 4,751,370 paid by the plaintiff's medical expenses, but it appears that there is no plaintiff's negligence in relation to the occurrence of the accident of this case or the expansion of damage. Thus, the defendant's argument is

(e) Considerational reasons: Amount recognized as 5,00,000 won, such as the developments leading up to the occurrence of the instant case, the parts and degree of the injury and the aftermath disability, etc., as shown in the pleadings of the instant case; and

F. According to the theory of lawsuit, the Defendant’s damages amounting to KRW 24,225,529 (i.e., KRW 16,378,082 for future treatment costs of KRW 2,847,457 for future treatment costs of KRW 5,00,00 for future treatment costs of KRW 2,847,457), and among them, KRW 2,847,457 for future treatment costs shall be disputed with the Defendant from November 3, 2012, which is the date of the occurrence of the instant accident, until July 12, 2017, and KRW 5% per annum under the Civil Act for the period from November 3, 2012 to the date of full payment.