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(영문) 서울고등법원 2016.10.13 2015나2072703

채무부존재확인

Text

1. The judgment of the court of first instance is modified as follows.

On March 27, 2013, around 18:20, in the D bath located in Dobong-gu Seoul Metropolitan Government.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows, and the conclusion is as stated in the reasoning of the judgment of the first instance, except for some different conclusions, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Of the judgment of the court of first instance, the height of the part in the judgment of the court of first instance, and the number of the 6th to 7th of the added part, are as follows:

(1) Personal data pertaining to the fact of recognition and assessment of passive damage (actual income) A: Women, Fborn (year 60 years old at the time of the instant accident): 1,224,66 won per month: From November 201, the Defendant served as a fixed-term employee in the food intermediate treatment place at Dobong-gu Office Food Intermediate treatment place, and the employment period is nine months.

However, in full view of the following circumstances that can be acknowledged in addition to the purport of the entire pleadings as a result of the statement No. 10 and the fact-finding on the head of Dobong-gu Office, namely, ① the Dobong-gu Office conspireds with workers under 65 years of age with respect to the fixed-term worker in the food intermediate treatment place, and ② the fixed-term worker is employed at the Dobong-gu Office, even if his employment period is not extended upon expiration of the employment period, but can work at the 65 years of age if he is employed again after the expiration of the employment period for three months after the expiration of the employment period, the Defendant was working as a fixed-term worker at the time of the instant accident as 60 years of age.

Even after the expiration of the employment period, it is reasonable to deem that he/she could continue to work in the Dobong-gu Office every year until he/she reaches the age of 65 after completing the rest period.

Therefore, the defendant's maximum working age shall be deemed to be up to 65 years of age, but the rest period of three months after the expiration of each year shall be deducted from the actual income.

Aftermath disability and labor ability loss rate: The rate of loss of labor ability to make up for the right side and for the alley of satisfaction (permanent disability): 7% (Application of C-1-b) hospitalized treatment period: this case.