logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 진주지원 2018.03.21 2017가단34178
손해배상(기)
Text

1. The Defendant is 5% per annum from May 11, 2017 to March 21, 2018 to the Plaintiff.

Reasons

. There is no evidence to acknowledge that the Plaintiff paid two million won to the previous medical expenses. This part of the claim is without merit.

B. In the future, the plaintiff asserts that the injury of this case requires future treatment from the Ansan and chest surgery, and that at least one million won should be spent for the treatment expenses. Thus, it is insufficient to recognize the plaintiff's whether the plaintiff should receive medical treatment from the injury of this case in the future from the Ansan and chest X, only with the descriptions of evidence Nos. 4 and 5 (including the case where there is a serial number). This part of the claim is without merit.

C. If the results of fact-finding on the facts above acknowledged as lost income added to the fact of fact-finding, the Plaintiff entered the said company on March 21, 2017 and withdrawn on May 18, 2017, and the monthly salary was 3.8 million won at the time, and the Plaintiff’s treatment period for the injury of the instant case is 42 days.

Therefore, the lost income for 42 days is 5,320,000 won (=3.8 million won* 42 days/30 days).

In a case where the defendant committed a serious assault against the plaintiff on the ground of his death, etc., thereby causing the injury of the plaintiff of this case, the consolation money for the plaintiff suffering from mental distress shall be determined as 6 million won in consideration of all the circumstances, such as the part of the injury and treatment period, the age and occupation of the plaintiff, etc.

E. Accordingly, the Defendant, the perpetrator, is obligated to bring a dispute to the Plaintiff, the victim (i.e., KRW 11320,000,000 won for lost income) and to pay damages for delay at the rate of KRW 15% per annum as stipulated in the Civil Act from May 11, 2017, which is the date of tort, to March 21, 2018, when the Defendant raised a substantial dispute as to the existence of the obligation and the scope of performance thereof, and KRW 5 million per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

3. Therefore, the Plaintiff’s claim is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit.

arrow