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(영문) 창원지방법원 2019.07.18 2018나51581
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The grounds for this part of the judgment of the court of first instance are the same as the part of the judgment of the court of first instance concerning the establishment of liability for damages under Article 420 of the Civil Procedure Act. Thus, this part of the judgment of the court of first instance is cited as it is.

2. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 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.

It is rejected that the parties' arguments have not been separately explained.

Basic facts and occupation 1) Basic facts: H students' men and women: 3,397,800 won per month [in cases where a worker is unable to engage in his/her business due to another person's tort, the actual income of the victim at the time of the tort shall, in principle, be the basis for calculating lost income (see, e.g., Supreme Court Decision 88Meu16010, May 9, 1989). Accordingly, the defendant's assertion is not accepted on a different premise.

[] Aftermath disability: 18% of the external stress disorder 18% [the application of Section VII-B-2-a to one hour from the appraisal date, Section 6 of the occupational coefficient, and Section II-B-2-a of the two brain disability assessment table] of each period of labor disability 1. From October 21, 2015 to November 9, 2015 (hospitalize the period of hospitalization): 100%: 20% from November 10, 2015 to February 1, 2018: 18% of the Plaintiff’s contribution rate: 10% [the degree that the victim’s contribution to the result of the whole injury, including the specific injury, is reasonable from the equitable burden of damages, and the court can reasonably determine the amount of compensation corresponding to the victim’s contribution to the whole injury (see, e.g., Supreme Court Decision 2004Da7474, Jul. 4, 2006).

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