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1.The main part of the judgment of the court of first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant).
Reasons
1. The reasons why the court shall explain this part of the liability for damages are as follows.
Along with the addition of paragraph (1) and addition of “Evidence No. 12, 13, and 14 of A” to column 3 of the judgment of the court of first instance (based on recognition), it is identical to the corresponding part of the judgment of the court of first instance. Therefore, it shall be cited in accordance with the main sentence of Article 420
D. “The deceased A (hereinafter “the deceased”) died on December 3, 2018 during this Court’s proceeding, and the remaining Plaintiffs, the wife of the Plaintiff J and their children, who were the deceased’s inheritors, were subject to the Changwon District District Court Decision 2019Mo10012 on April 12, 2019, and succeeded to the instant lawsuit.”
2. The reasons for the court's explanation on this part of the recognition of liability and the limitation are justified even if the evidence submitted in the trial were to be reviewed again, the judgment of the first instance court which considers the deceased's negligence as 5% and limits the defendant's liability to 95%.
Therefore, this court's entry of this part is identical to the corresponding part of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
3. In addition to the scope of compensation for damage, the same item shall be as specified in the separate list of damages calculation, and the period for the convenience of calculation shall, in principle, 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.
[Ground of recognition] Uncontentious facts, Gap evidence Nos. 3, 6, 7, Gap evidence Nos. 9-1, 2, 3, 5, Eul evidence Nos. 2 and 9, Eul evidence Nos. 2 and 9, the result of the court of first instance commissioning the body appraisal to H Hospital Head, and the result of fact inquiry, the purport of the whole pleadings
(a) Personal information 1) Personal information: as shown in the attached Table of Calculation of Damages: occupation, income, and 2).