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(영문) 광주고등법원 2019.06.14 2018나24720
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 126,527,559 and KRW 29,94,162 among them.

Reasons

1. The reasoning for the court’s explanation as to each of the above parts is as follows: (a) all of the first and second parts of the first and second parts of the first and the second parts of the judgment was appealed by the Plaintiff and E; (b) on May 28, 2019, the appeal was rendered on May 28, 2019 (No. 2018No2460 of the judgment of the first and the above case was pending in the final appeal by the final appeal of the Defendants; and (c) the above case was currently pending in the final appeal by the final appeal of the Defendants; and (d) the corresponding parts of the first and second parts of the judgment (No. 11 of the judgment of the first and the “recognition” of the first and the first paragraph (1) of the same Article are written as “basic facts”, and thus, they are cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The following facts within the scope of compensation for damage may be acknowledged by comprehensively taking into account the descriptions of Gap evidence Nos. 2 through 5, 8, and 10 (including branch numbers), the results of commissioning the physical examination of the heads of the North Korean University Hospital before the first instance, and the purport of all pleadings:

In addition to the following separate statements, it shall be as shown in the attached sheet of calculation of the amount of damages.

In principle, the calculation shall be made on a monthly basis for the convenience of the calculation, but the amount less than the last month and less than the cost shall be discarded, and the calculation of the current value at the time of the accident of the amount of damages shall be made by the reduction of the interim interest at the rate of 5/12 percent per month.

A. As to this part, the Plaintiff stated that, first of all, the Plaintiff filed a claim for only KRW 79,010,589 on the basis of the rate of loss of labor capacity (100% of the hospitalization period, 14% thereafter) for the portion of the daily outdoor work (i.e., the period of hospitalization, and 14% thereafter) (i.e., suspension of part of the daily outdoor work).

1) Personal information: The same shall apply to the entry of the “basic matters” in the attached table for calculating damages: 2) the daily wage equivalent to the industrial engineer for electrical construction (22 days a month) as the Plaintiff, who holds the qualification of the industrial engineer for electrical construction, shall be the Electric Safety and Technology Institute of Korea Electrical Safety from January 27, 1987 to March 6, 193.

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