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(영문) 인천지방법원 2019.05.30 2018가단224223
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant)’s obligation to compensate for damages due to an accident described in the attached Form.

Reasons

(b) it is determined that the outline of one person, one day, and eight-hour criteria is necessary;

1,495,844 won (i.e., common part 106,846 won * 14 days) is recognized as opening costs.

After the operation of assistive devices, one tension assistive device (each dive device) was required to be up to six weeks to promote the unity and tolerance-saving movement of the main section after the operation of assistive devices.

260,000 won shall be recognized as auxiliary expenses.

E. Calculation according to comparative negligence: If the defendant's property damage claim is a total of 52,696,858 won as listed below, if the defendant's property damage claim is comparative negligence with the passive damage (the loss income entered in the attached calculation sheet) and active damage (the other damage indicated in the attached calculation sheet), but it cannot be recognized exceeding the amount claimed by the defendant as passive and active damage under the principle of disposition right. Thus, if it is recognized within the limit of the amount claimed by the defendant, it shall be the total of 52,504,510 won.

Product Calculation Amount of the Defendant’s Claim Amount of KRW 47,292,183 59,115,229 * 80% positive damages of KRW 47,151,905 * 47,151,905 * 5,404,675 5,000 for future treatment costs of KRW 5,000 for future treatment costs of KRW 1,495,844 * 80% 5,352,605 5,352,605 in total of KRW 52,69,858 52,504,510 ,52,504,510 ,504,510

F. The Defendant received 6,300,000 won from E as insurance money for the instant accident, and as seen earlier, 837,520 won out of them was appropriated for the king treatment expenses, and did not separately claim 5,462,480 won (i.e., 6,30,000 won - 837,520 won) and 167,504 won (i.e., 837,520 won) corresponding to the Defendant’s fault portion among the king treatment expenses and 167,504 won (i.e., 837,520 won * 20%) are deducted from damages.

After deduction, property damages amount amounting to 46,874,526 won (=52,504,510 won - 5,462,480 won - 167,504 won).

G. The consolation money shall be KRW 15,00,000, considering the defendant's age, the background and degree of the accident in this case, the degree and degree of the disability in the aftermath, the rate of loss of labor ability, and all other circumstances revealed in the argument in this case.

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