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(영문) 대구지방법원 2016.06.10 2014가단29220

손해배상(자)

Text

1. The Defendant’s KRW 342,071,312 as well as 5% per annum from March 14, 2014 to June 10, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On September 2, 2004, Nonparty B driving a C vehicle at around 14:20 on September 2, 2004, caused an accident that fells into the drainage way of the expanded construction section while driving a window in front of the window middle school located in the Singu Sincheon-gun, Changcheon-gun, Daegu, and the Plaintiff who was accompanied by the said vehicle sustained injury, such as brain collision.

B. In relation to the above accident, the Plaintiff filed a lawsuit against the Defendant for compensation for damages (i.e., 2007da17912). At the time, the Plaintiff was rendered a judgment of compensation for damages on the premise that it is anticipated that the Plaintiff would continue to exist until March 13, 2014, with the Defendant’s liability ratio limited to 75%. After which, as in the judgment of the first instance, the appellate court, as in the judgment of the first instance, decided on March 13, 2014 at the end of the life expectancy and the Defendant’s liability ratio to 75% (hereinafter “reconciliation recommendation decision of this case”).

C. The Plaintiff still remains alive after the lapse of March 14, 2014, which was recognized as the premise in the instant recommendation for reconciliation.

[Reasons for Recognition] Facts without dispute and the purport of whole pleading

2. As alleged in the above facts, the Plaintiff asserts that, as seen in the above facts, there were significant damages not anticipated at the time the decision to recommend reconciliation of this case became final and conclusive (damage due to the extension of the life expectancy period), the Defendant shall compensate the Plaintiff for the damages, such as the Plaintiff’s nursing expenses.

According to the result of the physical appraisal of this case as to whether the existence of liability exists, it shall be deemed that the extension of life expectancy for a considerable period that could not have been anticipated at the time of the decision to recommend reconciliation of this case and damages therefrom have occurred, so the defendant is liable to compensate the plaintiff

B. According to the result of the instant physical appraisal within the scope of liability, the Plaintiff’s life expectancy was appraised from November 5, 2015, which was the date of appraisal to May 4, 2027, from November 5, 2015, by November 6, 2027, and accordingly, calculated rehabilitation treatment expenses, auxiliary equipment expenses, care expenses, etc., accordingly.