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(영문) 대전지방법원 2017.09.13 2015나106590
손해배상(자)
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, and

Reasons

1. The court's explanation on this part of the occurrence of liability for damages is the same as the corresponding part of the judgment of the court of first instance, and thus cite it as it is by the main text of Article 420 of the Civil Procedure Act

2. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 shall be discarded;

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

It is rejected that the parties' arguments have not been separately explained.

In case of lost income: 26,027,444 won, such as personal information, etc., (26,025Na116590 case number No. 2015 or 116590 case number No. 44 years and 4 months of age of 34.71 in the case of a sex-type injury of the Type A (i) of a sexually named type No. 444 years and 4 months of age of 34.71, the date 2009-7-27 the date when the accident occurred, 204-43 maximum working age (tax) 60 days after the date when the accident occurred, the income and the maximum working age of 2025-4-22) shall be applied, and the above income shall be deemed to be capable of raising the above income until the age of 60

3) A party’s assertion and determination of the remaining disability and labor ability loss ratio A) The plaintiff asserts that the accident in this case occurred with the injury of the left-hand shoulder and the left-hand slot, but the defendant asserts that there is no causal relation with the accident in this case, and that there should be 50% of the contribution of the king to the labor ability loss ratio due to the injury in the left-hand shoulder.

The burden of proving the existence of the causal relationship between tort and damage is, in principle, the plaintiff who is the victim, and therefore, the perpetrator's assertion constitutes denial of the causal relationship under the Civil Procedure Act in case the perpetrator's assertion is disputed that the victim's assertion was caused by the king evidence. Therefore, the victim's affirmative causation exists, namely, the existence of the causal relationship between the accident and the injury

by means of documentary evidence or evidence passive or passive.

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