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(영문) 서울고등법원 2016.01.07 2015나2032910
보험금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. In relation to the part concerning "recognition of Recognition" and "the occurrence of an obligation to pay insurance proceeds", this court's explanation is identical to the corresponding part of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the

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 in accordance with the discount method that deducts interim interest at the rate of 5/12 per month, and it shall be rejected that is not separately described in the parties' arguments.

(1) Gender: The number of days of birth for a period of 52.36 years, 52.36, d): Income: The daily average wage of ordinary workers who engage in daily work in an urban area, and the number of days of operation shall be deemed the 22th day of a month: the rate of days of operation: The period of hospitalization and rehabilitation treatment from September 13, 2012 to February 13, 2013 shall be 100%, and the period of operation shall be 35% due to damage to the need to be operated from that date.

F) Operating period: The operating age reaches the age of 60 years on June 21, 2046. [Grounds for recognition] The fact that there is no dispute, the entry of Gap evidence 5, 8-1, 2, 9, 10, and 12, the result of the physical examination of H hospitals by the court of first instance, and the purport of the entire pleadings, the plaintiff's lost income due to the accident in this case is calculated according to the simple method that deducts the interim interest calculated at the rate of 5/12 per month out of the revenues during operation based on the above recognized facts and the contents of the evaluation, and the amount of damages calculated at the present price at the time of the accident in this case (the period shall be calculated on a monthly basis, and the period shall be discarded below the month), and the amount of damages shall be KRW 168,032,854, as described in the attached Form.

B. Review of the evidence Nos. 8-1, 2, and 13-1 through 4 of the evidence No. 8-1, 2, and 13-4, the Plaintiff’s medical expenses incurred in the instant accident, from September 13, 2012 to Nov. 1, 2014.

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