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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2020.06.16 2019나55615
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning for this part of the lower court’s reasoning is as follows, and the part on “(b) liability” on the five pages of the first instance judgment is identical to the corresponding part of the reasoning of the first instance judgment, and thus, the same shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

B. Limit of liability: (a) the following circumstances acknowledged by the aforementioned evidence are likely to involve risks of collisions, etc. in the case of sports such as skiings; (b) the Plaintiff also has a duty of care to faithfully ski to avoid collisions with the persons getting out of skiings in the middle upper and upper tier course; and (c) the Plaintiff was solicited from the doctor immediately after the instant accident occurred; and (d) even though the explanation related to the shooting of sDR was given, the Plaintiff rejected all of the aforementioned circumstances. The Defendant’s liability is limited to 60% in full view of the following factors: (a) it appears that if the Plaintiff was diagnosed of the skis in front of the skis course, or would have prevented the expansion of the amount of damage if he was diagnosed of the skis; and (b) the details and progress of the accident occurred.

2. Scope of liability for damages

A. Damage from lost income to the capacity of the Plaintiff lost due to the instant accident is the amount calculated at the present price at the time of the instant accident according to the Hofmanial Calculation Act, which deducts interim interest at the rate of 5/12 percent per month based on the facts recognized as follows and the contents of the assessment:

(A) Personal information: The male age is 54 years old and 10 months old and 21 years old as at the time of an accident due to H students: Vocational occupation and maximum working age: Until March 28, 2026, the day immediately preceding the date when he/she reaches the age of 65 (the retirement age of teachers is applied mutatis mutandis, so the retirement age of teachers is the date of retirement of teachers.

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