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(영문) 대전지방법원 2018.05.25 2017나113912
손해배상(자)
Text

1. The part of the judgment of the court of first instance against the plaintiff equivalent to the amount ordered under paragraph (2) shall be revoked.

2...

Reasons

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the

2. The court's explanation on this part of the liability for damages is the same as the corresponding part of the judgment of the court of first instance, and thus, citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act

3. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 shall be discarded.

The current price calculation at the time of the accident shall be based on the discount method that deducts interim interest at the rate of 5/12 per month.

In addition, it is rejected that the parties' arguments are not stated separately.

[Ground of recognition] The facts without dispute, Gap evidence 1, 2, 4 and Eul evidence 6 (including the paper number), the result of the first instance court's entrustment of physical examination to the head of the Seoul Hospital at the 1st instance court, the significant facts, and the purport of the whole pleadings

A. Basic Matters 1) Basics: 3.75% of the labor capacity loss rate (occupational coefficient 6) based on which the Plaintiff voluntarily applied the “Article 15% of the Cloved disability Assessment Table” to the 15% of the labor capacity loss rate (occupational coefficient 6) applying the “Article 3.75% of the labor capacity loss rate (75%) of the Plaintiff’s own contribution to the future disability (75%) shall be applied until he reaches 60 years of age: urban daily wage of an ordinary worker; 3) the application rate of the Urban Daily Wage of an ordinary worker; 50 years of age; 50 years of age; 50 years of age; 5.75% of the labor ability loss rate, which is the labor ability loss rate pursuant to the labor ability loss rate (75%).

B. The Defendant asserts to the effect that the rate of loss of labor ability of the Plaintiff after the operation should be re- assessed in the event of the recognition of future medical expenses incurred from the semi-monthly diversary surgery as follows. However, according to the result of the first instance court’s entrustment of physical examination to the head of the Seoul Hospital at the Mane-Seoul University, if the Plaintiff’sless kne-fe-fe-fe-fe-fe

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