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(영문) 대구지방법원 2016.01.14 2015나1053
손해배상(자)
Text

1. The part against Defendant B in the judgment of the first instance shall be modified as follows:

Defendant B shall be the Plaintiff 15,220.

Reasons

In light of the above legal principles, the rate of loss of labor capacity by the period due to the instant accident shall be calculated by reducing the degree (see, e.g., Supreme Court Decision 2003Da23670, Jul. 25, 2003).

(A) From February 25, 2011 to March 24, 2011, the date of the instant accident: 60% Plaintiff was hospitalized for 43 days in total from February 25, 2011 to March 3, 2011, and from June 21, 201 to July 26, 2012, and was hospitalized for less than 43 days in total. For calculation convenience, the rate of loss of labor ability during the said period shall be deemed as 60% in consideration of the rate of loss of labor ability before the instant accident and the degree of contribution.

* Total rate of loss of labor capacity: 100% (involuntary admission)* Deduction rate of loss of labor capacity prior to the instant accident: 75%: 75% (i.e., 100% - 25%): 60% (b) last rate of loss of labor capacity taking into account the degree of contribution to the present situation: 60% (i.e., 20%) from March 25, 201 to February 24, 2013: 18.24%: 18.24%: 43.24% [1-(1-0.25%) x 1-0.12) 】 100] * Deduction rate of loss of labor capacity prior to the instant accident: 18.24% (i.e. 43. - 25%) x 20% prior to the end of operation x 213.25%) x 21.25% (31%).25% prior to the date of operation.

B. According to the evidence No. 26 (including each number), the Plaintiff was found to have spent KRW 2,232,266 for the medical expenses incurred from the instant accident. Considering the Plaintiff’s certificate of king as seen earlier, the Plaintiff recognized KRW 1,785,812 equivalent to KRW 80 for the amount of 1,785,812 for the medical expenses incurred from the instant accident as damages for the period.

(Plaintiffs asserted that it was paid KRW 13,417,706 at the treatment cost, but there is no evidence to acknowledge it).

The purchase cost of the auxiliary equipment: 400,000 won (=one 200,000,000 Won per the knife knife knife knife knife knife knife knife knife knife knife knife knife kn

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