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(영문) 서울중앙지방법원 2020.03.31 2019나51743
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. Of the Defendant’s grounds of appeal, the argument related to limitation of liability among the grounds of appeal by the Defendant is not significantly different from the argument at the lower court, and the first instance court’s decision on limitation of liability is acceptable even if all evidence, including the evidence No. 5 (Report on the Engineering of Motor Vehicle Accident) submitted in the trial, are reviewed in a comprehensive manner.

Accordingly, the reasoning for this part of this Court is as follows. This part of the reasoning for the first instance judgment is the same as that for the corresponding part of the judgment, except that “after the signal was changed” as “after the signal was changed,” and therefore, this part of this Court shall be quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

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] A without dispute, Gap's evidence 3 through 16, 19 through 34, the result of the commission of physical examination to the president of G Hospital by the court of first instance, the significant fact, the empirical rule, and the purport of the whole pleadings

A. Personal information 1) Personal data: 5% of permanent disability (5% (5%, brain, 3-C, outdoor workers) due to the prolonged wage (22th day of the same month), the aftermath disability and the labor ability loss rate due to the full damage of the aftermath of 65 years of age: 72% of the permanent disability (5% of the Mabrid Disability Assessment Table, 5% of the brain, 3-C, 5% of the scale, 2-1/2 of paragraph (1) of Section II-B-1), the left-hand side, and 4.3% of the center due to the string of the slot.

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