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(영문) 서울중앙지방법원 2017.07.18 2016나60241
손해배상(자)
Text

1. The decision of the court of first instance, including the plaintiff's claim expanded by this court, is as follows.

Reasons

1. In the first instance court, the Plaintiff sought reimbursement of physical examination expenses, lost profits, treatment expenses, future treatment expenses, and consolation money against the Defendant. The first instance court dismissed the claim for physical examination expenses among them, accepted the claim for all of the medical expenses, and partly accepted the claim for lost profits and consolation money.

In this regard, the plaintiff appealed only to the dismissed part of the claim for lost profits and consolation money, and the defendant appealed to the whole cited part of the claim for medical expenses and the part of the claim for lost profits and consolation money, and thus, the subject of the judgment of this court is all the remainder except the claim for expenses for physical examination.

2. The reasons why the court should explain this part of the liability for damages are as follows, and this part of the judgment of the court of first instance shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the modification of the pertinent part.

C. The fact that the Plaintiff was getting on a bicycle in India, which is not a roadway, is as seen earlier. According to the evidence No. 2, it is also acknowledged that the Plaintiff did not wear a safety cap at the time. This negligence of the Plaintiff cannot be viewed as the cause of the instant accident, but at least contributed to the expansion of damages caused by the said accident in light of the background of the accident, the injury part of the Plaintiff, and the harm inflicted after the accident. Thus, the Defendant’s liability is limited to 90% in consideration of all the circumstances revealed in the pleadings.

3. In addition to the scope of compensation for damage, the item in the separate sheet of calculation of damages shall be the same as the item in the separate sheet of calculation of damages, and the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 3

The current value of the damages at the time of the accident shall be calculated at the rate of 5/12 per month.

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