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(영문) 서울서부지방법원 2018.04.19 2017나39379
손해배상
Text

1. The part of the judgment of the court of first instance against the defendant ordering payment in excess of the following amount shall be revoked.

Reasons

1. In full view of the purport of Gap's evidence Nos. 1, 2, 9, and Eul evidence Nos. 1 through 4 as well as the overall purport of arguments, D is a driving engineer belonging to Hansan Tourism Co., Ltd., on April 16, 2015, driving a metropolitan bus on April 16, 2015, and driving a four-lane road prior to the departure of Yang Jae-gu, Seoul, Gangnam-gu, Seoul, with four-lane roads, according to the Seocho-gu Seoul Seocho-gu, for a traffic accident (hereinafter "the accident in this case"). The plaintiff A caused the accident in this case to shock the plaintiff A who was standing the crosswalk at the time when he violated the signal. The plaintiff A is liable to compensate the plaintiff for the mental accident in this case, which requires five weeks medical treatment, such as bovineiformiform, salone, salke, salll, salllll, salllllll, and salll, and the plaintiff's spouse and minor.

2. Scope of liability for damages

A. Property damage (Plaintiff A) is not disputed between the parties, or the following facts are acknowledged by comprehensively considering Gap evidence Nos. 4, 6, 7, 10, 11, and Eul evidence Nos. 2, and Eul evidence Nos. 2 as a result of the first instance court’s commission of physical appraisal of the director of the Seoul National University Hospital, the results of inquiry by a mental health specialist belonging to the Seoul National Health Hospital of the first instance court, the results of the first instance court’s order to submit credit information to the H limited company of the first instance court, the result of the order to submit documents on national health insurance issued by the first instance court, and the whole purport of pleadings (including the certificate of medical examination submitted by the court of this case on March 28, 2018, which is after the closing of pleadings

Provided, That where it is necessary to calculate, the period of convenience shall be calculated on a monthly basis, and the period of less than the last month and less than KRW 1 shall be discarded.

The amount of damages shall be calculated at the rate of 5/12 per month.

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