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(영문) 광주지방법원 2015.12.18 2015나6155
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. The reasons why this Court shall explain the occurrence of liability for damages, limitation of the Defendant’s liability, and objection to the Plaintiff’s non-performance of the claim against the Plaintiff are as follows: “Plaintiff C” and “the director of the Jeonnam University Hospital” in Section 4 of the first instance court’s decision as “the director of the Jeonnam University Hospital” is as stated in the corresponding part of the first instance court’s decision, and thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In addition to the separate statements under the calculation of the amount of damages, it shall be calculated at present in accordance with the calculation method of the amount of damages as shown in the separate sheet of calculation of the amount of damages (the interim interest at the rate of 5/12 per month shall be calculated at the rate of simple interest, and the period for the convenience of calculation shall be calculated on a monthly basis in principle, but the less than a month shall be included on the side in which the amount is less than a month and less than the original and the less than the last month shall be included), and it shall be rejected that the parties’

The court's explanation on this part of the reason for the decision of the court of first instance is the same as the corresponding part of the reason for the decision of the court of first instance. Thus, this part is cited by the main text of Article 420 of the

B. In the instant accident, each reflect on the left side part of the Plaintiff, the part of the hand, the complete part, and the distribution of the hand, and the reflective corrective operation cost totaling KRW 18,541,200.

Considering the Plaintiff’s negligence (20%), the amount to be paid by the Defendant is KRW 14,832,960 out of the above surgery costs (i.e., KRW 18,541,200 x 80%). Since the Defendant paid KRW 20,00,000 to the Plaintiff on June 30, 2006, the deduction of the amount is completed in entirety, since the Defendant paid KRW 20,00,000 to the Plaintiff.

C. Under the instant accident, the Plaintiff’s expenses incurred in providing assistance in the future: (a) hearing aids have occurred due to farming to the right-hand edge of the Plaintiff; (b) hearing aids have been used for treatment; and (c) prices are KRW 8,000,000.

However, the plaintiff is the party of this case.

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