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1. Plaintiff 1, among the passive claims of the judgment of the court of first instance, falls under the following amount which orders payment.
Reasons
1. The court's explanation on this part of the claim for damages is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it is decided to accept it as it is in accordance with the main sentence of Article 420
2. Scope of damages.
A. The Plaintiff’s assertion 1) The Plaintiff was paid the monthly average of KRW 1,928,333 before the instant accident. From May 15, 2012 to June 11, 2012, the date of the instant accident, the date of the instant accident, the Plaintiff was hospitalized (the Plaintiff’s assertion is 27 days, but it is apparent that it was 28 days in the calendar.
(2) The Plaintiff suffered a permanent disability of 24.56% (around 8%, shoulder 18%). Accordingly, the Defendant incurred a loss of lost income equivalent to KRW 113,192,050 for the period of hospitalization from June 12, 2012 to August 20, 2047. 2) An amount of 1,560,530 for the treatment expenses and future treatment expenses, and the expenses for the Plaintiff spent KRW 109,39,735 for the treatment expenses in the future.
3) The Plaintiff suffered emotional distress from the instant accident, and the consolation money is equivalent to KRW 19,648,00,00. (B) In full view of the purport of the entire pleadings as to the Plaintiff’s monthly income Gap’s evidence Nos. 4, 5, and 8 (including paper numbers), the Plaintiff’s average monthly income prior to the instant accident is recognized to be KRW 1,928,333. (B) daily income of the Plaintiff prior to the instant accident - No dispute between the parties in the instant accident and KRW 89,88,88, or according to the evidence No. 3, the Plaintiff was hospitalized for 28 days from May 15, 2012 to June 11, 2012. As seen below, the amount of damages for the instant period is less than 50% since it was hospitalized for 89,88 (1,928, 300,000 won x less than 230%).
C. As a result of the fact-finding inquiry with respect to the F Hospital Head and G Hospital Head of the court of first instance, comprehensively taking account of the overall purport of the arguments as a result of the fact-finding inquiry with respect to F Hospital Head of the court of first instance, H in the course of rehabilitation is due to restrictions on the movement or pain of the visit.