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(영문) 울산지방법원 2020.02.13 2019나10507
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid in addition to the following shall be revoked.

Reasons

1. The reasoning for this part of the court’s liability for damages is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act

2. The grounds for this part of the scope of liability for damages are as stated in the relevant part of the judgment of the first instance except for the corresponding part as follows. Thus, this part of liability is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Attachment] A statement of calculation of damages in attached Form of the judgment of the court of first instance shall be applied to the calculation table of damages in attached Form of the judgment of the court of first instance.

The third through 10th of the judgment of the first instance is as follows.

“2) Income and operation period: Urban daily wage, operation period of 65 years of age (see, e.g., Supreme Court en banc Decision 2018Da248909, Feb. 21, 2019). The third side of the judgment of the first instance court is as follows: “B.”

The Defendant paid 46,589,120 won to the Plaintiff as medical expenses. Of them, the amount equivalent to 20% of the amount equivalent to 9,317,824 won (i.e., 46,589,120 won x 20%) cannot be deemed as damages in causal relation with the instant accident. Thus, the Defendant’s amount of damages that the Plaintiff is liable to compensate shall be deducted.

The 42,694,382 won (37,012,206 won - 9,317,824 won) and 28,816,487 won, which are cited in the judgment of the first instance, are as follows: 5% per annum under the Civil Act, from September 1, 2015 to December 21, 2018, which is the date the judgment of the first instance is sentenced; 15% per annum under the Civil Act, from the next day to the date of full payment; 13,87,895 won per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is calculated at the court of the first instance to the date of full payment; 28,816,487 won per additional payment at the remaining court of the first instance to the date of full payment; 13,87,95 won per annum under the Civil Act, from the date of the first instance judgment to the date of full payment; 281.5 won per two81.

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