(영문) 서울중앙지방법원 2015.02.05 2014나30741

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2015.02.05 2014나30741

손해배상(자)

Text

1. Of the part related to Plaintiff A in the judgment of the court of first instance, the following amount of money ordered to be additionally paid:

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and the corresponding part of the judgment of the court of first instance is identical to that of the corresponding part of the judgment of the court of first instance, except for the change of the calculation table of damages under Articles 12 through 14 in the attached table of calculation of damages, and therefore, it shall be quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(3) Accordingly, paragraph (3) of the Mabrid Disability Assessment Table 1 X-B-3 of the Mabrid Disability shall be applied to the parts of the Plaintiff’s mental department and the Mabrid Disability.

In addition, the plaintiff A's income is calculated on the premise of urban daily wage, and the occupational coefficient for the damage of the head of the outdoor worker is 6, so this part of the disability is regarded as permanent disability of 58% by applying the occupational coefficient 6.

C) According to the results of the fact-finding conducted by the head of the first instance court for the adjustment of the rate of labor disability in consideration of the king disability and the results of the medical record appraisal entrusted to the head of the Seoul Medical Center, Plaintiff A was registered as Grade III intellectual disability on December 27, 1999, and the above disability grade falls under Two parts of the Mabrodrid Table as a person who could have social and vocational rehabilitation through education, although he was under intellectual disability, and falls under Grade IX-B-1 of the Mabrodroid, and if applying the occupational coefficient 3, 12% is already existing. (1) Since the above disability grade is against the same parts as the disability caused by the head damage of this case, it is reasonable to deduct the above disability rate from the above 58% disability rate in the present condition with the new disability and determine the disability rate contributed to the part of the head disability of this case (i.e., the mental and physical disability rate of this case contributed to the accident of this case (i., mental and 46%).

2. Furthermore, the following:

참조조문

-민사소송법 제420조

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