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(영문) 서울중앙지방법원 2019.09.05 2019나17101
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning for this part of the judgment of the court of first instance is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited as it is in accordance with the main text of

2. The scope of liability for damages is set forth in the main sentence of Article 420 of the Civil Procedure Act, excluding the following parts, and thus, the same applies to the corresponding part of the judgment of the court of first instance.

The attached damages calculation table of the judgment of the first instance court shall be changed to the attached damages calculation table of this judgment.

6 The 5th parallel to 8th parallel shall be as follows:

With respect to reflects, etc. caused by the instant accident, the Plaintiff asserted that the rate of labor disability loss should be recognized by 15%, and the Defendant recognized that the rate of labor disability loss should be recognized by 5%. According to each reply to the physical entrustment and fact inquiry by the court of first instance with respect to the head of an I Hospital, the appraisal shall be 5% of the rate of labor disability in accordance with the first physical entrustment meeting of the State Compensation Act [Attachment 2] 14 [Attachment 2] of the Enforcement Decree of the State Compensation Act, by applying the first physical entrustment meeting of the body appraisal, the first physical entrustment meeting of the body appraisal, “the person who remains after the head of the Gu, in the face of the bridge.” However, the Plaintiff’s inquiry of the fact-finding by applying the items of “the person who remains after a high scar in the face of the bridge attached Table 6 [Attachment 6] 12] of the Enforcement Decree of the Industrial Accident Compensation Insurance Act.”

However, it is difficult to accept 15% of the inquiry reply as it is, because the Industrial Accident Compensation Insurance Enforcement Decree does not stipulate the labor disability loss rate, and there is no sufficient reason to change the opinion even though there is too big difference between the two replies.

However, in light of the images of each reply and evidence A No. 10, the external part of the criteria for evaluation of disability of the Jomane under the knee-knee-knee-kneeng.

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