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(영문) 수원지방법원 2015.09.23 2013나44291
손해배상(기)
Text

1. Paragraphs 1 and 2 of the judgment of the court of first instance, including the Plaintiff’s claim expanded at the trial.

Reasons

1. The court's explanation concerning this part of the liability for damages is the same as the "the occurrence of liability for damages" part of the judgment of the court of first instance, and thus, it refers to the main sentence of Article 420 of the Civil Procedure Act.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the annexed table of calculation of damages shall be the same, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis.

[Ground of recognition] A’s evidence Nos. 5-1 through 3, Gap’s evidence Nos. 6-1 through 8, Gap’s evidence Nos. 7, 8, and 9, the result of the first instance court’s commission of physical examination to the head of the Slick University, the result of the fact-finding inquiry to the director of the Slick University’s Slick Hospital, the purport of the whole pleadings as a whole.

(a) The actual income 31,846,795 won [the amount obtained by deducting the disability benefits, temporary layoff benefits (total sum 21,729,770 won) paid from the Korea Workers' Compensation and Welfare Service, from the amount calculated at the present price at the time of the instant accident, pursuant to the method under which the Plaintiff deducts the interim interest at the rate of 5/12 percent per month based on the following recognized facts and evaluation items]: Personal information of the fact that the Plaintiff received disability benefits, temporary layoff benefits (total sum 21,729,770 won) and the assessment items (A): The same shall apply to the column for “basic matters” in the attached Form calculating the amount of damages:

(B) Occupation, income: Indoor workers, urban daily wages, and rate of loss of labor capacity: ① Loss of labor capacity by 47% due to the right-hand side of the latter disability, recognition, suspension, and temporary cutting of the livering area and physical restriction on the exercise of the weak land, ② Loss rate of labor capacity - From September 19, 201 to January 19, 2012, the date of the instant accident, to 100% - Calculation of 47% from January 20, 201 to May 20, 2017: 53,576,565 won (in the calculation table of damages, “the sum of the daily revenue column” in the attached Table of calculation of damages.

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