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(영문) 서울중앙지방법원 2020.10.16 2019나36409

손해배상

Text

All appeals filed by both the plaintiff and the defendant are dismissed.

Expenses for appeal shall be borne individually by each person.

Purport of claim and appeal

(b).

Reasons

1. Facts of recognition;

A. At around 01:50 on June 21, 2015, the Defendant, while waiting to board a guest before the Jung-gu Seoul Metropolitan City C hotel, was arguing that the Plaintiff was satisfing the Plaintiff’s breath, and satisfing the Plaintiff’s satch, and satisfing the Plaintiff’s right satfing part of the Plaintiff’s right satch with the left satisfing part of the Plaintiff’s right satisfing the Plaintiff’s satisfing part of the upper satisfing part necessary for

B. The Defendant was prosecuted for the crime of injury as stated in the preceding paragraph, and was sentenced to six months by the Seoul Central District Court on September 1, 2016, and was sentenced to imprisonment with prison labor from the appellate court on August 11, 2017, and two years of suspended execution. The appellate court’s judgment became final and conclusive thereafter.

C. On June 1, 2017, when the appellate trial was in progress, the Defendant deposited KRW 5,000,000 for the Plaintiff, and the Plaintiff received the said deposit.

[Ground of recognition] The evidence Nos. 1, 2, 6, Eul's evidence No. 1, and the purport of the whole pleadings

2. According to the above facts of recognition as to the occurrence of liability for damages, the Defendant, who inflicted an injury on the Plaintiff, is liable to compensate the Plaintiff for damages pursuant to Article 750 of the Civil Act.

3. The amount of less than one won and less than one month shall be discarded in the convenience of calculating the scope of liability for damages.

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.

[Reasons for Recognition] The absence of dispute, the result of physical appraisal of the director of the court of first instance against the director of the hospital of the court of first instance, the entry of Gap evidence 3 and 4, and the purport of the whole

A. (1) The calculation of the lost income amount corresponding to the period from June 21, 2015 to April 2, 2020, as sought by the Plaintiff of the lost income is based on the following calculation methods:

(A) Personal data: The period for operation of E-born male (B): by September 28, 2020 from the date of age 63 to September 28, 2020, the income is due to the disability after the rate of loss of labor ability due to the after-age disability of urban daily wage (D).

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