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(영문) 서울고등법원 2016.02.05 2015나16950
손해배상(기)
Text

1. Defendant B’s appeal is dismissed.

2. The costs of appeal shall be borne by Defendant B.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. As to this case, the reasons for this court concerning the acceptance of the judgment of the court of first instance are stated in the corresponding column of the reasons for the judgment of the court of first instance, unless defendant B adds the following judgments, as argued by the defendant B again in the trial:

It is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

With respect to the occurrence of liability for damages, the following judgments shall be added after the 13th judgment of the first instance.

“The entries and images of the evidence Nos. 1, 3, 4, and 5 submitted by Defendant B are deemed to have been taken after the occurrence of the instant accident, and they cannot be believed as they are in view of other objective evidence recognized at the time of the accident.”

B. With respect to the rate of loss of labor ability, the following judgments are added, 'the rate of loss of labor ability' of the first instance judgment No. 6, 'the rate of loss of labor ability':

① Defendant B asserts to the effect that, as the Plaintiff had a disability to the bridge prior to the instant accident, it should take into account the degree of contribution in calculating the rate of labor disability.

However, there is no evidence to acknowledge the above assertion by Defendant B, and it is not accepted.

Rather, according to the fact inquiry results with respect to the National Health Insurance Corporation which arrived after the closing of argument in the trial, the Plaintiff only was treated once due to the unknown bit of the shoulder part on October 28, 201 before the instant accident.

(2) In addition, Defendant B asserts to the effect that the causal relationship between the Plaintiff’s Cheong power disorder and the left-hand part and the instant accident is unclear.

However, as a result of the commission of each physical examination to the head of the Seoul Hospital at the first instance court, the results of the commission of part of the physical examination to the head of the Ghee University affiliated hospital at the first instance court, and the results of the fact-finding, and the purport of the entire pleadings as to the head of the Seoul Hospital at the time of the first instance court, the Plaintiff’s hearing disability and the fact-finding.

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