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(영문) 서울중앙지방법원 2016.11.18 2016나43710
부당이득금
Text

1. Of the judgment of the court of first instance, the part pertaining to the order to pay the counterclaim as follows is applicable.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and this part of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is used as follows. Thus, this is accepted in accordance with the main sentence of Article 420

2. The "statement of calculation of damages" in Section 8 of the judgment of the court of first instance shall be replaced by the following table:

The details of the "Other amount of damage calculation table" and the "amount of after-the-counter treatment fee" in part 10 of the judgment of the first instance shall be deleted.

Part V of the decision of the first instance court

(b) future treatment costs; and

(c) the opening portion shall be filled by the following:

“The future treatment costs: 13,060,480 won: 520,000 won per year for medication related to the Defendant’s pre-divement treatment (i.e., 10,000 won per time) x 52 weeks. The future treatment costs shall be calculated from October 5, 2016 to September 19, 2032, from October 5, 2016 to 69 years of age, on the day following the date on which the Defendant’s argument in the trial is closed at the end of the year, and shall be calculated at the end of the year, on the basis of the convenience of calculation.

(2) Sexual affairs: 6,329,220 won is required for the defendant's reflective malute, and the above operation shall be calculated on October 5, 2016, which is the day following the date of closing argument in the trial for the convenience of calculation, deeming it to have undergone the above operation.

(3) Mental health department: The defendant's memory disorder and uneasiness, depression, medication fee, diagnosis fee, examination fee, and examination fee for the treatment of neutism are required to be KRW 2,615,277 per year. For the convenience of calculation, the above expense shall be calculated on October 5, 2016, which is the day following the date of closing argument in the trial for the convenience of calculation.

C. Opening expenses: The following circumstances, which are acknowledged by comprehensively considering the results of physical examination commissioned to the president of the Hanyang University Hospital of the first instance court of the first instance and the purport of the entire arguments based on the results of fact-finding, namely, the mental health and appraiser of the first instance court evaluated the defendant's protein index as 85 points, and deemed that the defendant's protein index constitutes "the dependence of the middle Do," and it is necessary to open the meeting for eight hours a day until the life expectancy.

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