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(영문) 서울중앙지방법원 2019.06.26 2018가단5060652
손해배상(기)
Text

1. The Defendant’s KRW 29,085,622 as well as the Plaintiff’s annual rate of 5% from April 1, 2016 to June 26, 2019, and the following.

Reasons

1. On April 1, 2016, the Defendant: (a) around 04:00, at the main point of “D” located in Gangnam-gu Seoul, Gangnam-gu, Seoul; (b) the Plaintiff’s head was faced with the floor by walking up the bridge of the Plaintiff (former name: E); and (c) the Plaintiff was injured by blood transfusion, etc. in the light of the external brightness of the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, the purport of the whole pleadings

2. Determination

A. According to the above recognition that the Defendant suffered damages, the Defendant injured the Plaintiff and suffered physical and mental pain.

Therefore, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the above illegal act.

(b) Nos. 2, 3, and 5 (including paper numbers; hereinafter the same shall apply) are disputed between the parties to lost profits, or there is no dispute between them;

In full view of the purport of the entire pleadings, the Firs Plaintiff, who suffered injury from the Defendant on April 1, 2016; the G Hospital from April 1, 2016 to April 10, 2016; the H Hospital from April 10, 2016 to April 24, 2016; and the H Hospital from April 10, 2016 to April 24, 2016; and the G Hospital from December 19, 2017 to March 10, 2018. First, the fact that the Plaintiff received hospitalized treatment at the G Hospital. As such, health expenses for the period of hospitalization from April 1, 2016 to April 24, 2016; the unit price for the individual wage for urban workers at that time is substantially KRW 94,38 (this court); the date of actual accident is less than KRW 1638 days; and thus, the date of actual injury is less than 160 days per x 16 days per 94 days per day.

The following is: (a) the daily profit during the duration of hospitalization from December 19, 2017 to March 10, 2018 shall be as follows:

The plaintiff is the plaintiff's 8,148,867 won, which is the sum of the above amounts, 8,148,867 won, based on the monthly income of 1 m1 m1 m2 m1-2 m1-2 m1-2 m1-2 m1-2 m1-2 m2 m1-2 m2 m2 m17.19 December 19, 2017, 2018: 109,819 222,416,018 100% 231.9 19.17.32.74816,639,459 m2.

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