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(영문) 서울중앙지방법원 2015.07.09 2013나31457
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. The court's explanation on this part of the grounds of the judgment of the court of first instance is the same as the pertinent part of the reasoning of the judgment, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure

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.

In case of lost income: Personal information of KRW 176,461,152 (1): as stated in the column for “basic matters” in the attached Form for calculation of damages: 2) Lending name: 10% of the total amount is recognized, and 28 years from July 25, 2014, which is the date of appraisal of the trial, are 28 years from July 24, 204.

3) Income and operating period: The Defendant’s 2,00,000 won per month is insufficient to prove that the Plaintiff had earned income exceeding urban daily wage at the time of the instant accident. Thus, according to the evidence No. 9-5 and No. 6, it can be recognized that the Plaintiff had earned income of KRW 2,00,000 per month from the Chinese restaurant called “title” at the time of the instant accident to deliver food to the Plaintiff. Thus, the Defendant’s above resistance dispute is rejected. 4) The Defendant’s loss of working ability by 56% due to galmathy, recognition function decline, and permanent disability [b) [b) the application of the Madrobal disability items ix-B-3(5)(b)] 40% of the vocational disability and 40% of the reproductive disorder and 40% of the malmatal disability, the Defendant’s occupational disability and 45% of the malmatal disability [3(5)(b) the application of the b.

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