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(영문) 서울중앙지방법원 2016.11.11 2016나20410
손해배상(자)
Text

1. The judgment of the first instance, including the claims of the Plaintiff’s succeeding intervenor expanded in the trial, shall be modified as follows:

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and this part of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is used as follows. Thus, this is accepted in accordance with the main sentence of Article 420

2. The 4th page 17 of the judgment of the court of first instance shall be replaced by the following table:

F. The results of the request for the examination of medical records to the head of the Macheon National University Hospital Hospital of this Court are as follows: “The results of the request for the examination of medical records to the head of the Macheon National University Hospital of the first instance court”.

On 5th 15th 15th 7th 15th 15th 10th 5th 5th 5th 6th 6th 10th 6th 6th 11th 6th 6th.

Part V of the decision of the court of first instance shall be replaced by the following table:

One of the six pages of the judgment of the first instance shall be conducted as follows.

"185,310,663 won 】 48% 】 (i.e., the disability rate of 1-S.) = 88,949,118 of the first instance judgment of the court of first instance, the 6th to 20th of the second instance judgment of the court of first instance are followed as follows:

[Attachment 1] Amount to be inherited: Plaintiff A: 22,745,255 won (=53,072,263 won x 31,132,191 won (= property damage 31,139,118 won x Defendant’s liability ratio) - 8,059,928 won x 30,000 won x 30,000 won) 2, C: 15,163 won (=53,072,263 x 3/7 shares) x 15,163 won) x 2/7 shares

G. Since Plaintiff A received a total of 5,472,730 won from the succeeding intervenor to the survivor pension under the National Pension Act, the said amount shall be deducted from the amount of damages equivalent to the actual income of the deceased inherited by the Plaintiff A (see, e.g., Supreme Court Decision 2008Da13104, May 21, 2009) with “Nos. 4, 8, and 12” in the last sentence of the first instance judgment of the first instance court, “Nos. 4, 8, and 15,” “No. 4, 8, and 15.” From 7th to 9th sentence of the first instance judgment, the Defendant was committed with “No. 29,022,525 won [i.e., inheritance amount = 18,429,482 won [i.e., Supreme Court Decision 2008Da13104, May 21, 2009];

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