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(영문) 부산고등법원 2019.01.10 2018나55114
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

Defendant KRW 318,538,616 and KRW 295,531 among the Plaintiff.

Reasons

1. The reasoning for this part of the judgment of the court is the same as the corresponding part of the judgment of the court of first instance. Thus, this part of the judgment is cited by the main text of Article 420 of the Civil Procedure

2. The reasons for this part of this Court’s liability for damages are as stated in the judgment of the court of first instance, except for the fact-finding of the court of first instance and its decision based thereon, even if examining the respective descriptions of the evidence of Nos. 5 through 8 (including serial numbers) additionally submitted by the defendant to the court of first instance, the fact-finding of the court of first instance and its decision based thereon are insufficient. Thus, this part of the judgment is cited in accordance with the main sentence of

3. The period of time for calculating the scope of compensation for damage not exceeding the scope shall be calculated on a monthly basis in principle, but the amount less than the last month and less than the cost shall be discarded, and the current price shall be calculated at the time of the accident by the fractional discount method deducting the interim interest at the rate of 5/12 per month.

(a) Medical expense 1) An I Hospital (patient medical expense from April 27, 2015 to September 25, 2015): 16,077,173 won (i.e., 18,062,183 won (i.e., 1,985,010 won) (i.e., 18,062,183 won) - (i.e., 1,985,010 won): J Convalescent (i., from October 5, 2015 to April 1, 2017): 10,869,490 won (i.e., 11,322,450 won - 452,960 won): Total of 1,176,650 won): 28,123,313 won (based on recognition); (ii) the purport of the first instance court’s pleading as to the I Hospital as a whole;

B. In the future, the Plaintiff for medical treatment is recognized as a life expectancy of 14.89 as of April 7, 2016, which was the physical appraisal date, since the life expectancy was reduced to 73% due to the instant accident by K students’ male, and the remaining life expectancy of the Plaintiff reduced is February 22, 2031.

The following expenses shall be borne for each of the following expenses for future treatment costs for the plaintiff:

The expected amount of damages such as medical expenses in the future can be compensated only for damages actually incurred, if the expected period has already expired at the time of the closing of argument.

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