손해배상(기)
1.The judgment of the first instance shall be modified as follows:
The defendant 50,196,989 won and 97,053.
1. The reasons why the court should explain this case are as stated in the reasoning of the judgment of the court of first instance, except for the modification of the part by one of the following means: therefore, it refers to the reasoning of the judgment of the court of first instance under the main sentence of Article 420 of the Civil Procedure Act.
The "Plaintiff" at the end of the fourth decision of the court of first instance is regarded as the "Plaintiff".
B. The “attached Form 1” of the last sentence of the first instance judgment of the court of first instance shall be read as “attached Form 1 and 2 calculation table of damages,” and each “attached Form 1 calculation table” of the 7th and 10th of the 7th sentence shall be read as “attached Form 1 calculation table,” and each “attached Form 2 calculation table” of the 7th and 111 shall be read as “attached Form 2 calculation table,” respectively.
C. Article 10, 11-2 of the 5th judgment of the first instance court is as follows. 2) Future medical treatment costs of KRW 7,356,696 (Plaintiff A is recognized as having physical disorder due to the addiction to the carbon arising from the instant accident and requires rehabilitation treatment for about one year from April 28, 2015, which is the date of preparation of a physical appraisal report, and the cost of KRW 8,307,020 is recognized.
Although the treatment period has been exceeded as of the closing date of the oral argument in the trial of the party, in light of the fact that the Plaintiff A’s after-the-job disability caused by the instant accident is permanent disability of 25% labor ability loss rate, treatment after the closing date of the oral argument in the trial of the party is deemed to have the effect of preventing the aggravation of symptoms, etc. Therefore, it is reasonable to determine the whole amount of future medical treatment regardless of whether or not it has been actually treated before the closing date
However, there is no evidence to prove that the plaintiff A received the above treatment by the date of the conclusion of the oral argument in the trial for the convenience of the calculation, and it shall be deemed to have been disbursed on the day following the date of the conclusion of the oral argument in the trial for the convenience of the calculation, and it shall be KRW 7,356,696 when calculating the above medical expenses at the present price at the time of the accident in this case) / [Grounds for recognition: Entrustment of physical examination