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(영문) 서울북부지방법원 2015.05.20 2014가단11212

손해배상(의)

Text

1. The Defendant’s KRW 27,325,576 as well as 5% per annum from July 22, 2013 to May 20, 2015 to the Plaintiff.

Reasons

In light of the fact that the Plaintiff’s salt symptoms are more aggravated, considering the above circumstances in calculating the amount of damages that the Defendant is liable for, it shall be deemed that taking into account the above circumstances accords with the ideology of the damage compensation system that provides guidance on fair and reasonable apportionment of damages. Therefore, the Defendant’s responsibility is limited to 80% of the total amount of damages.

3. In addition to the scope of compensation for damage, the item in the separate sheet of calculation of damages shall be the same as the item in the separate sheet of calculation of damages, and the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 3

The calculation of the current value of the amount of damages shall be based on the discount method that deducts interim interest at the rate of 5/12 per month.

In addition, it shall be rejected that the parties' arguments have not been separately explained, but the plaintiff's claims shall apply.

(a) Daily income* Personal information: as stated in the column for “basic matters” in the attached Form for calculation of damages.

* The Plaintiff, who is an individual entrepreneur of the income and the period of hospitalization, recognized the monthly income of 14,487,829 won (173,853,951 won) calculated based on monthly income, subtracting the aggregate of 7,583,293 won (181,437,244 won - 7,583,529 won (173,853,951 won), which is calculated based on monthly income of 181,437,244 won (17,853,951 won) from global income of 2012 plus 7,583,293,293 (173,853,951 won ±12) from global income of 2012.

However, although the plaintiff was hospitalized in Furgical surgery for 36 days, the period of hospitalization is limited to 30 days in light of the degree of dysium, side, etc. of crys caused by crys treatment.

* The Plaintiff claimed the lost income of KRW 75,107,617, which is calculated by the labor disability rate of KRW 5% until the age of 65, and KRW 75,107,617, which is the maximum working age of the Plaintiff, for the 36-day day of the time when he was hospitalized with prone disability, such as reflectors of knee father, following the Defendant’s knee-feling treatment. The result of the commission of physical appraisal to the above head of the above Hodong Hospital is also the 14th class 4 of the Enforcement Decree of the State Compensation Act.