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(영문) 광주지방법원 순천지원 2021.01.27 2018가단78234
손해배상(기)
Text

1. The Defendants jointly and severally against the Plaintiff A, KRW 2,00,000, KRW 5,000,000, and KRW 500,00 for the Plaintiff E, C, and D, respectively.

Reasons

1. Occurrence of liability for damages;

A. The contents to be explained in this part of the facts of recognition are as shown in the annexed Form 1 “Recognition.”

[Grounds for Recognition] Unsatisfy, entry of Gap 1-5 evidence (including each number; hereinafter the same shall apply) and video, the purport of the whole pleadings

B. According to the facts of recognition of liability, the accident in this case occurred due to negligence by H, the owner and possessor of the sterine, as the insured of each insurance contract, due to the failure to take safety measures, and the Defendants are jointly and severally liable for the damages suffered by the Plaintiffs due to the accident in accordance with the special terms and conditions guaranteeing liability during their daily life during each insurance contract.

2. Except as otherwise stated below within the scope of liability, each of the corresponding items in the Schedule of Calculation of Compensation Amount for Damage (limited to the plaintiff A and B's property damage) shall be as follows, and in principle, the period of convenience in calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 2 shall be discarded.

The calculation of the current value at the time of the accident shall be governed by the discount law that deducts the interim interest at the rate of 5/12 per month.

In addition, it is rejected that the parties' arguments are not stated separately.

【Economic Damage to Plaintiff A’s Property】

(a) Loss during the period of in-house import hospitalization: 4,603,479 won (=12,018 won for daily workers in agricultural villages at the time of the accident) ¡¿ 25 days ¡¿ 12 months/365 days ¡¿ 50 days [where the method of calculating the number of days of daily employment is applied to the daily wage in agricultural villages by simply multiplying the number of days of hospitalization, the problem may arise that may arise that the number of days of daily employment in agricultural villages exceeds the monthly income calculated by deeming the number of days of monthly employment as 25 days after 26 days, and such method shall be applied];

(b) The king medical expenses: 4,986,720 won (the need for admission into a higher-class hospital is recognized, and therefore the degree of admission into a higher-class hospital is recognized).

C. It was required to cover KRW 7,685,00,00,00, as a reflective form of treatment in the future, prior to the closure of the pleadings in this case.

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