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1. The Defendant’s KRW 26,682,690 for the Plaintiff and KRW 5% per annum from April 10, 2015 to June 12, 2018.
Reasons
A. Based on the content of the assessment, when the Plaintiff calculates the loss of lost earnings equivalent to the monetary appraised value of operating capacity lost by the instant accident, it would be KRW 49,910,549 as follows:
A) 41,254,231 up to the maximum working age after the treatment period of KRW 8,656,318 (=1,931,710 KRW x 333% x 13.5793) during the treatment period (=1,931,710 KRW x 11.22% x 11.22% x 190.3416), total of KRW 49,910,549 (i.e., 8,656, 318 KRW 41,254,231 won after the completion of the treatment period)
(b) Expenses for medical treatment 9,441,541 won;
(c) Expenses for future treatment (which shall be deemed paid on the date when pleadings are closed);
D. 1) The Plaintiff is presumed to have been unable to lead an independent self-living during the treatment and rehabilitation period due to the instant accident, and the Plaintiff is presumed to have received 12 weeks (84 days) from the date of winning one adult male and female, and 8 hours a day. 2) Calculation of the first half of 2015, the daily wage of 89,566 won*84 days per ordinary person in the construction sector in the second half of 2015.
E. The Defendant’s limitation of liability is 30%, and the Plaintiff’s property damage is 21,682,690 won [the Plaintiff’s property damage” = (the actual income of KRW 49,910,549 is KRW 9,441, 541 for future treatment costs of KRW 5,400,00 for future treatment costs of KRW 5,40,523,544) x 30%).
(g) Consideration of consolation money 1): The plaintiff's age, degree of negligence, background and result of the accident of this case, and all other circumstances revealed in the pleadings shall be considered. 2) The amount determined: 5,00,000 won.
F. According to the theory of the lawsuit, the defendant is obligated to pay to the plaintiff 26,682,690 won (i.e., property damage 21,682,690 won 5,00,000 won) and damages for delay calculated at each rate of 15% per annum under the Civil Act from April 10, 2015, which is the date of the accident of this case, to June 12, 2018, which is the date of the decision of this case, which is deemed reasonable for the defendant to dispute the existence and scope of damages.
I would like to say.
4. Conclusion.