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(영문) 서울중앙지방법원 2019.10.11 2019나8220
손해배상(자)
Text

1. The judgment of the court of first instance is modified as follows.

The defendant 13,953,823 won and above amount to the plaintiff 13,930.

Reasons

1. The court's explanation of this case is identical to the reasoning of the judgment of the court of first instance, except for the following cases. Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The 4th to 7th of the judgment of the court of first instance shall have the following dried up to 19th of the 14th to the 19th of the 19th.

【B) Standards for payment of non-business suspension loss (1) (1) payment of the amount equivalent to 80% of the actual decrease in income during the period of suspension of business: Specific calculation formula = daily revenue reduction x number of days of suspension of business x 80/100 x the amount equivalent to 85% of the actual decrease in income due to suspension of business.

On the other hand, the criteria for the payment of the insurance contract of this case (Evidence 6) stipulate that the loss of suspension of business is equivalent to 80% of the actual decrease in income (No. 5-2, stating that the loss of suspension of business is equivalent to 85% of the actual decrease in income, appears to be the amended terms after the occurrence of the accident in this case), and the plaintiff's above assertion is without merit.

② The number of days of suspension of business: (a) the specific calculation of the degree of the Plaintiff’s injury; (b) the specific calculation of the period of hospitalization on the certificate of hospitalization and discharge: 146 days (from April 4, 2015 to August 27, 2015): 140 days (from April 4, 2015 to August 21, 2015). In light of the parts and degree of injury recognized by evidence evidence evidence evidence evidence evidence evidence Nos. 2 and 3 (including the serial number); and (c) the progress of treatment, it is difficult to recognize the reasonableness of the period of hospitalization exceeding 140 days recognized as above.

(3) Occupation and import: Terms and conditions of the instant insurance contract and the attached Table 1.

(b)any loss of suspension of business in accordance with paragraph 3 in injury;

(1)(a)The amount of decrease in the amount of loss of suspension of business shall be calculated on the basis of "the basis for the amount calculated in accordance with the calculation method of actual income in the case of death of a worker who is on duty". If the calculation method of actual income in the case of death is applied mutatis mutandis, the person who is difficult to prove the amount

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