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(영문) 대구지방법원 2017.05.31 2017나304183
손해배상(기)
Text

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

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except where part of the judgment of the first instance is used by the court as described in the following paragraph (2). Thus, this is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Of the part of the judgment of the court of first instance, the portions of the 8th to 4th of the judgment of the court of first instance, “ future treatment costs” of the 8th to 8th of the said part shall be as follows

D. The cost of future treatment cost: Calculation of metal removal cost of KRW 4,00,000 (one time): there is no evidence to acknowledge the fact of having received the above treatment by the date of closing argument in the court of the first instance. Therefore, in calculating the cost, the cost shall be deemed to have been paid on the day following the date of closing argument in the court of the first instance for the convenience of calculating the cost and shall be KRW 3,720,800 if the cost is calculated at the present price at the time of the accident. The part of the 8th instance judgment of the court of first instance, Chapters 19 through 1

(g) Limitation of liability 1) The Defendant’s liability ratio: 20%: 43,112,070 won for property damage: 43,112,070 won for property damage (=(the actual income of KRW 198,320,418 for future treatment expenses of KRW 9,167,360 for future treatment expenses of KRW 3,720,80 for auxiliary equipment and other damages of KRW 590,000 for future treatment expenses) x 20%

H. The Plaintiff’s consolation money shall be determined as KRW 10 million in consideration of all the circumstances revealed in the arguments, including the background and result of the occurrence of the instant accident, the degree and characteristics of the subsequent disability, the Plaintiff’s age, occupation, and family relation.

I. According to the theory of the lawsuit, the Defendant is obligated to pay to the Plaintiff the amount of KRW 53,112,070 (i.e., property damage KRW 43,112,070,000) and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act, from November 17, 2015, which is the date of the instant accident, to May 31, 2017, where it is reasonable to dispute the existence or scope of the Defendant’s obligation to perform the instant case, until May 31, 2017, and from the next day to the date of full payment.

The "attached Form 10 calculation sheet of damages" shall be replaced by the "attached Form 10 calculation sheet of damages".

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