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(영문) 서울중앙지방법원 2019.10.17 2018나4603

손해배상(산)

Text

1. The judgment of the court of first instance against the defendant exceeding the following amount ordered to be paid.

Reasons

In light of the aforementioned circumstances and circumstances, including the circumstances indicated in the argument of this case, it is reasonable to view that the degree of contribution to the above disability is 70% and the degree of contribution to the above disability was not proven, in full view of the aforementioned circumstances, including the following circumstances, the background and circumstances before and after the accident, the injury of Plaintiff A, and the treatment process.

① In the entrustment of appraisal by the first instance court, only stated that the Plaintiff’s testimony was “in the event of the foregoing date,” without mentioning the Plaintiff’s testimony. This is because the Plaintiff did not state in the column of “matters to be appraised” of the written request for physical appraisal submitted to the court of first instance.

② However, according to the fact-finding results with respect to the Seoul Regional Headquarters of the National Health Insurance Corporation, Plaintiff A received treatment on the grounds of special injury and disease five times from June 9, 2010 to September 29, 2010 before the date of the instant accident.

The above fact-finding reply list is written only as "*******, and this is treated as non-disclosure because of mental illness, urine disease, and urine disease, etc., and according to the statements in subparagraph 2 and the testimony of witness F of the trial witness F, the plaintiff A sent a somewhat lux appearance at the site of the accident in this case, and the plaintiff A did not specifically assert and prove that there was no previous psychotropic disease treatment.

③ However, the instant accident occurred more than three years after 2010, and there was no special injury or disease until then, and symptoms, such as drums, appeared immediately after the instant accident, and the Korea Workers’ Compensation & Welfare Service also judged the “persons who do not have any trouble in the function or mental function of the neurosis” under class 4 of class 7 among “the disability grade criteria” in attached Table 6 of the Enforcement Decree of the Industrial Accident Compensation Insurance Act.