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(영문) 창원지방법원 2017.04.20 2016나2424
손해배상(자)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. The court's explanation of this case is identical to the reasoning of the judgment of the court of first instance, except for the addition or dismissal as follows. Thus, the court's explanation of this case is acceptable by the main sentence of Article 420 of the Civil Procedure Act.

2.In addition, the following judgments shall be added to the fourth part below in the judgment of the first instance.

With respect to the actual income from January 1, 2015 to the expiration date of the operating period, the Plaintiff asserts that the statistical income of men in continuous service for not less than five years but less than ten years should be based on the data in 2015, not on the basis of the data in 2014, but on the basis of the data in a report on the fact-finding survey on labor income by employment type in 2015. However, the statistical income of men in continuous service for not less than five years but less than ten years under the report on the fact-finding survey on labor income by employment type in 2015 is 3,790,000 won per month [3,283,000 won ± 6,000 won ± 12], this is 3,849,579 won per month, which is statistical income in 2014 ± 3,283,064,798,18,128). Thus, the Plaintiff’s appeal cannot be modified to the Plaintiff’s appeal.

3. A written judgment of the first instance court on the parts to be dried;

The part of the future treatment fees shall be filled by the following:

“The expenditure of the medical expenses on March 17, 2017, which is the day following the date of the closing of argument in the appellate trial for the convenience of calculation, is less than 5,505,82 won, which is less than the amount recognized in the first instance trial as follows, and it is not allowed to change the amount recognized in the first instance judgment to the appellant, who is the appellant, according to the principle of prohibition of disadvantageous change in this case that only the plaintiff appealed. The plaintiff's future medical expenses are recognized as 5,807,217 won, as shown in the first instance judgment.

6. The cost of the accident at the same time as the required amount m.

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