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(영문) 서울중앙지방법원 2021.02.09 2020나54298
손해배상(기)
Text

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

A. The Plaintiff, 1) Defendant C’s KRW 32,978,677 and KRW 31,176,914.

Reasons

1. Determination as to the claim against the defendant B

A. Comprehensively taking account of the overall purport of the statement and changes in evidence No. 6-2, Defendant B’s damage liability as to the golf club back on March 10, 2017, Defendant B, along with Defendant C and D, left the Plaintiff at the same time with Defendant C and D, and left the Plaintiff to the Plaintiff, and caused injury, such as the gradle of the grast of the grast for three months in need of treatment (hereinafter “the instant accident”). As such, Defendant B is liable to compensate the Plaintiff for damages caused by the instant accident.

(b) The period of convenience in calculating the range of liability for damages shall be calculated on a monthly basis, in principle, but less than the last month and less than the last won shall be discarded.

At the time of the accident, the current price calculation shall be made in accordance with the formula that deducts an intermediary interest calculated at the rate of 5/12 per month from a single interest.

In addition, it is rejected that the plaintiff's assertion did not provide a separate explanation.

1) Active damages: 17,156,440 won in total and nursing expenses of KRW 29,658,240 in total and KRW 18,68,240 in [i.e., 374,660 medical expenses of hospital E hospital Gap (i.e., KRW 1 F hospital medical expenses of KRW 4,847,90 in evidence 7-2 G 7 of the evidence No. 12,875,590 in KRW 12,875,590 in the current HH hospital medical expenses of KRW 7, and KRW 7-3 in the future, KRW 9,60,00 in the medical expenses of KRW 75,00 in KRW 7-1,960,00 in the evidence No. 370, KRW 31,70 in the medical expenses of KRW 80 in the future, KRW 270 in the medical expenses of KRW 70,00 in the evidence No. 1 to 3] the presumption of KRW 701,700.70 and KRW 28.70.70.

2) Conditional damage: 6,901,134 Plaintiff claimed that 10,000,000 won should be recognized as lost profit during the treatment period, since the Plaintiff was working as the representative of I and J corporation.

According to the result of the response to the submission of tax information to the head of the Dong-won Tax Office of the first instance court, the Plaintiff’s global income amount is recognized as 61,23,31 won in 2015, 47,652,565 won in 2016, and 42,553,194 in 2017.

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