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(영문) 서울고등법원 2015.11.03 2015나2012626

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. The grounds for a judgment of the first instance shall be quoted for this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance;

However, some of the following shall be added or added:

2. A portion used for adding or cutting;

(a) On the sixth judgment of the first instance court, the following shall be added at the end of the second instance:

Although the plaintiff A asserts that the rate of loss of labor ability should be recognized as 50% pursuant to attached Table 2 of the Enforcement Decree of the State Compensation Act, the method of calculating the rate of loss of labor ability under the Enforcement Decree of the State Compensation Act is defined without subdivided the grade for limited tangible compensation treatment only in a specific field, such as the State Compensation Act, and most of all, it is difficult to apply the above argument as it is a general compensation case, because the degree of disability is abstract and the degree of disability is too large, because it is unreasonable to apply the rate of loss of labor ability to the above case.

B. The first instance court's decision 9 pages 3 to 10 pages 2 (the part of the judgment of consolation money against the plaintiff) shall be followed as follows.

“Ma) Considering the details and result of the instant accident, the age, family relationship, occupation and career of Plaintiff A, the degree and degree of the injury and disability, the degree of negligence, and all other circumstances shown in the oral argument, consolation money for Plaintiff A shall be determined at KRW 15,00,000.

(1) The defendant alleged that he agreed on consolation money with the plaintiff A, but there is no evidence to acknowledge it).

(c) 12 to 19 parallels in the first instance judgment shall be followed by the following:

【3) According to the theory of lawsuit, the Defendant: ① KRW 42,042,068 (=property damages amounting to KRW 42,042,068 - KRW 16,00,000,000) and KRW 36,042,068, which is the amount cited by the first instance court, among them, after the date of tort, as sought by the said Plaintiff after the date of tort. < Amended by Act No. 11013, Nov. 8, 2011>