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(영문) 창원지방법원 2019.06.14 2018가단103436
손해배상(자)
Text

1. The Defendant: (a) KRW 116,531,790 for Plaintiff A and 5% per annum from November 4, 2016 to June 14, 2019; and (b)

Reasons

. It is as shown in the annexed sheet of calculation of damages;

It shall be rejected that the parties' arguments are not separately explained.

The calculation shall be calculated according to the calculation of the insurance contract of this case, based on the legal interest rate of 5/12% per month and the calculation after deducting interim interest according to welfare, in accordance with the standard for the payment of insurance money (see subparagraph 6, 33-37, 40) among the insurance contract of this case. The period shall be calculated monthly, and the amount of less than the won shall be discarded in calculation.

(b) As stated in the corresponding column of the damages calculation sheet attached to the daily income (1).

(2) Since Plaintiff A’s occupation and income is a minor at the time of the accident, the maximum working age shall be determined from November 25, 2018 after deducting the period of military service 21 months, until February 24, 2058, pursuant to the instant insurance policy, pursuant to the maximum working age from November 25, 2018 to February 24, 2058.

Plaintiff

A's income is recognized as KRW 2,374,575 (the second half of 2018 applies to wages) calculated in accordance with the following formula in attached Table 1 of the insurance clauses of this case.

* The daily-paid worker wage formula: (i) as of the 25th day of each month (3) as of the 25th day of each month, the latter disability and the labor ability loss rate of 43% permanent (applicable to cutting, cutting, slot-1 of the left side, and general outdoor coefficient 6). (iv) as of the daily-paid worker wage formula: the statement in the column of “actual income” in the annexed sheet of the amount of damages calculation (190,492,858 won).

B. The Plaintiff A claimed KRW 6,891,436 of the medical care costs and care costs (1), 1,161,580 (2) medical care costs and care costs. However, according to the terms and conditions of the insurance contract of this case, the terms and conditions of the non-insurance motor vehicle injury security agreement of this case do not provide for the claim for care costs (or family care costs) for the period prior to the date of termination, and there is no evidence to prove the fact that the Plaintiff and the Defendant separately agreed to do so, the Plaintiff’s assertion in this part is rejected.

C. According to the results of the court’s entrustment of physical examination to the N Hospital funeral (martic surgery) of the cost of future treatment, seven anti-sive corrective methods are as follows.

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