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(영문) 서울서부지방법원 2019.05.03 2017나41495
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 8,732,067 and KRW 3,324,889 among them.

Reasons

1. The reasons why the court should explain this part of the facts of recognition and the occurrence of liability for damages are as stated in the corresponding part of the reasoning of the judgment of the court of first instance. Thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act

2. Scope of liability for damages

A. 1) Personal effects of daily income : The date of birth of a H student: The date of birth of May 20, 2015: the occupation at the time of the accident; in cases where a victim of income gains a certain amount of income while working at the workplace at the time of the accident, if objective data exists that can confirm the actual income at the time of the accident to the victim; thus, if the actual income can be assessed based on such objective data, it shall be calculated on the actual income at the time of the accident; if the statistical income is higher than the actual income, it may be calculated on the basis of the actual income at the time of the accident; only in special circumstances where it is deemed that the actual income would have been able to obtain the daily income as much as the statistics income actually earned at the time of the accident x 30 days (see Supreme Court Decision 95Da35623, Jan. 26, 1996; 95Da3623, May 16, 2015).

(C) The Plaintiff received the instant injury at the F Hospital from May 20, 2015 to August 3, 2016, and was hospitalized for four days from May 26, 2015 to May 29, 2015.

In the future, the Plaintiff needs to “recriminary non-criminary criminary treatment, including hospital treatment.”

From the date of occurrence of the instant injury.

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