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(영문) 서울중앙지방법원 2018.11.27 2017나26675
손해배상(자)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 50,357,425 and KRW 12,293,369 among them.

Reasons

1. The court's explanation of this part of the liability for damages is the same as the corresponding part of the judgment of the court of first instance, and thus, citing this as it is in accordance with the main sentence of Article 420 of the

2. In addition to the matters stated below within the scope of liability for damages, each of the corresponding items 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 monthly, 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.

It shall be rejected that the parties' arguments are not separately explained.

[Ground of recognition] A without dispute, Gap evidence Nos. 5, 8, 11, 13 through 19, 23, 25, 26, Eul evidence Nos. 1 and 2 (including paper numbers), and Eul evidence Nos. 1 and 2 of the court of first instance as a result of a physical examination commission and fact inquiry about the director of the court of first instance, the results of physical examination on the director of the Seoul Hospital affiliated with the Macheon-do University, and the results of fact inquiry, the empirical rules, significant facts, the purport of the whole pleadings, and the actual income tax amount per se as stated in the annexed sheet of damages calculation:

The actual income and operating period - the urban daily wage of ordinary workers and the number of working days each month - the Plaintiff claimed the maximum working age of 65 years in this court. However, as seen below, the Plaintiff’s remaining disability is recognized only by June 28, 2019 (seven years from the date of the instant accident), which is far earlier than the Plaintiff’s age of 65, and thus, it is not separately determined on the Plaintiff’s maximum working age.

The actual contents are as follows: Malostal disability - Malostal disorder - Malostal disorder - Malostal disorder 19 degrees can only be observed in the 19 degrees, and the continuous distribution system can be expected accordingly, so 32% labor ability loss - the head of Seoul Hospital affiliated with the Maloth National University of Malostcheon University of this Court is applied to the Malostal disability Evaluation Table 1-A-1-c (Vocational coefficient 5).

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