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(영문) 부산지방법원 2019.10.16 2019나50342
손해배상(자)
Text

1. Of the parts concerning lost income damage in the judgment of the court of first instance, the following amount of money ordered to be additionally paid.

Reasons

In the first instance court, the plaintiff A and his parents filed a claim for damages, such as the statement in the purport of the claim against the defendant, and the first instance court partly accepted the above claim.

On the other hand, both the plaintiffs and the defendant appealed before remanding, but the court of first instance dismissed the appeal, and only the plaintiff A (hereinafter "the plaintiff") appealed that the ratio of lost income and the ratio of comparative negligence is unreasonable during the judgment prior to remanding. The court of final appeal reversed the part against the plaintiff as to lost income in the judgment prior to remanding, and dismissed the remaining appeal by the plaintiff on the ground that the maximum working age, which serves as the basis for calculating lost income in light of the empirical rule, can be recognized as 65 years.

Therefore, since the judgment of remand became final and conclusive on the part of positive damages and consolation money in the plaintiff's claim, the scope of the judgment of this court is limited to the passive damages related to lost income destroyed and remanded.

Facts of recognition

The court's explanation of this part of the claim for damages is the same as the corresponding part of the judgment of the court of first instance. Thus, it is citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The court's explanation on this part of the grounds of the judgment of the court of first instance is identical to the grounds of the judgment of the court of first instance, except for dismissal or addition of some of the grounds of the judgment of the court of first instance as follows. Thus, this part of the grounds are cited in accordance

(except in the case of conflict with the reasoning of the judgment of the court), the three-dimensional 20 to four-dimensional 2 pages of the judgment of the court of the first instance shall be added as follows:

The evidence mentioned above, Gap's evidence, Gap's evidence, Eul's evidence Nos. 5 through 8, 10, 12 through 14, Eul's evidence Nos. 2, 4, 6, and 8, the J Hospital of the court of the first instance prior to remand (the results of physical examination of each sex surgery, dental department, dental department, and rehabilitation department and the results of fact inquiry, and the K Association of the above court.

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