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(영문) 서울중앙지방법원 2019.07.04 2017나81603
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. The reasons why the court should explain this part of the liability for damages are as follows: (a) the phrase “after a bus” under Section 14 of the Decision of the court of first instance, “after a bus,” and the phrase “limit on liability” under Section 3, is the same as the corresponding part of the judgment of the court of first instance, and thus, (b) this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[C]

C. The limitation of liability, however, is to consider when calculating the amount of damages that the Defendant is liable for various circumstances, such as the speed of the Defendant’s vehicle, in the vicinity of the instant accident site, while deeming the Plaintiff’s negligence as 55% and limiting the Defendant’s liability to 45%, as in the first instance trial, by deeming the Plaintiff’s negligence as 55%.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 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.

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

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4-2 through 4, Eul evidence Nos. 1 and 4, results of physical commission to the heads of hospitals in the first instance and the first instance court E hospital, results of fact inquiry, significant facts, experience and purport of whole pleadings

A. Personal information 1) Personal information: The same is as indicated in the column for the “basic matter” in the annexed amount of damages calculation sheet. Since the Plaintiff’s life expectancy was reduced (8.4%) on July 16, 2052, the Plaintiff’s life expectancy shall be deemed to be the end date of the Plaintiff’s life expectancy. 2) Income and operating period: The amount equivalent to the daily wage of the ordinary part of the urban area.

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