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(영문) 서울중앙지방법원 2020.02.13 2017나80822
손해배상(자)
Text

1. Of the part against the plaintiff in the judgment of the court of first instance, the part against the plaintiff ordering payment shall be revoked.

Reasons

1. The argument related to the limitation of the party's liability for damages is not significantly different from the argument in the court below, and the first instance court's decision on the limitation of liability is just even if all evidence are comprehensively examined.

Therefore, this court's reasoning is the same as that of 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 the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, 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 1 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] A.5 through 10 evidence, A.15, 16 evidence, B.1, 4, 5 through 9 evidence, B.13 and 14 evidence, results of physical examination of the F Hospital Head of the court of first instance, results of fact inquiry, significant facts, experience, whole purport of oral argument

A. Personal information 1) Personal information: The same is as indicated in the “basic matter” list for calculation of the amount of damages in attached Form. Plaintiff A asserts to the effect that, according to the result of appraisal, the remaining life expectancy of Plaintiff A is from November 16, 2016 to July 7.6, 2016, which is the date of appraisal, it shall be deemed June 22, 2024: 2) Income and operating period: Urban Daily Wage (22th day of the same month), and 65 years old until the Plaintiff reaches the age of 65.

At the time of the instant accident, the Plaintiff had earned income equivalent to the monthly average of KRW 2,266,666 while working in Company G at the time of the instant accident, but the fact that the urban daily wage after May 1, 2016 exceeds the above amount is significant in this court, and in such a case, the Plaintiff.

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