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(영문) 서울중앙지방법원 2015.05.01 2013나19488

손해배상(자)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. The reasons why the court should explain this part of the liability for damages are the same as the corresponding part of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In addition to those stated below the scope of liability for damages, it shall be as specified in the separate sheet of calculation of damages in attached Form 1, attached Form 2, the calculation of the multiple loss rate, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 2 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 are not stated separately.

[Ground of recognition] The facts without dispute, Gap's evidence Nos. 1, 2, 14 through 16, 27, 32, 34, Eul's evidence Nos. 1 through 5, 10, and 12 (including the paper numbers), the result of commission of physical examination to the head of the Gyeonghee University Hospital and the head of the Central University Hospital at the court of first instance, and the purport of the whole pleadings

A. Personal information 1: The job and income are the same as indicated in the column for the calculation of the amount of damages in the annexed sheet. 2) The plaintiff asserted that the above income should be calculated on the basis of the above income because he/she had earned an average of KRW 1,636,400 per month in the immediately preceding six months when he/she was employed in the agency driving company at the time of the instant accident. However, the statement in the evidence No. 11 alone is insufficient to acknowledge the above argument and there is no other evidence to acknowledge it.

Therefore, the actual income is calculated based on the urban daily wage.

3) The latter disability and the latter disability A) ① Loss of labor ability due to 7.7% due to the cirral nuclear symptoms, loss of labor capacity from 7.7% due to the ciral nuclear force, and the market sea for five years from October 31, 2009 (1/3 applicable to accidents, 5 applicable occupational coefficient, 2/3) from the ciral damage V-A (23%) from the date of the accident. < Amended by Presidential Decree No. 24289, Oct. 11, 2012>