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(영문) 부산고등법원 2016.11.24 2015나4832

채무부존재확인

Text

1. The judgment of the first instance, including the Defendant (Counterclaim Plaintiff)’s counterclaim filed in the trial, is as follows.

Reasons

1. Basic facts and

2. The court's explanation on this part of the grounds for the judgment of the court of first instance is the same as the corresponding part of the grounds for the judgment of the court of first instance, and thus, it shall accept it as it is in accordance with the main sentence of Article

3. The scope of liability for damages is the same as each corresponding item in the separate list of damages calculation in addition to the following separate statements, and the period for the convenience of calculation shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, it is rejected that the parties' arguments did not separately state their arguments.

(1) Personal data 1: The amount of damages calculated on September 21, 2014: urban daily wage, base date 3: 36% of the loss rate of labor ability, 36% of the loss rate of labor ability, 4% of the market sea from the date of the accident (applicable at 75% of the disability assessment table 14. Mabrod Ⅳ), 1 from August 13, 2014 to September 20, 2014: 10%: 10% from September 21, 2014 to August 12, 2014: 36% of the amount of damages calculated on September 21, 2014: the sum of the damages calculated on the basis of the attached Table 36% of the total amount of damages calculated on the basis of KRW 41,329,314,310,329,329,310,314,329, and 415.

Since there is no evidence to prove that the future medical expenses have been spent by October 13, 2016, which is the closing date of the pleadings in the trial, it shall be deemed that all of the following day on the day following the closing date of arguments in the trial for the convenience of calculation.

(c) Property damages amounting to 9,114,929 won after offsetting negligence: (42,191,397 won) = (3,383,250 won) x 20 percent;

D. Mutual aid 1) The Defendant’s negligence amounting to KRW 4,665,448 (=5,831,810) out of the medical expenses (payment of the Plaintiff) ¡¿ (5,831,810).