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(영문) 인천지방법원 2019.06.12 2018나59499
손해배상(기)
Text

1. The judgment of the first instance court, including the claims extended in the trial, shall be modified as follows:

The defendant is against the plaintiff.

Reasons

1. The reasoning for the court’s explanation in this part is as stated in Article 420 of the Civil Procedure Act, since it is the same as stated in Article 420 (1) of the judgment of the first instance.

2. The reasoning for the court’s explanation in this part is the same as that of Article 420 of the Civil Procedure Act, and thus, this part is cited by the main text 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 calculation of the amount of damages, which deducts interim interest at the rate of 5/12 per month as a simple interest.

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

[Ground of recognition] The facts without dispute, significant facts in the court, Gap evidence 2 through 13 (including the number of branches), the results of the first instance G Hospital's physical appraisal commission and the results of the second instance G Hospital's physical appraisal commission, the results of the first instance G Hospital's fact inquiry conducted on February 9, 2018, the purport of the whole pleadings, and the purport of the whole pleadings.

(a) On-board boarding income: From November 14, 2014 to September 24, 2015, 100 to September 24, 2015, 53 years old at the time of the accident, 65 years old (on-board on-board boarding income: 2,877,50 won (on-board on-board boarding income deemed the same date): From September 25, 2015 to November 13, 2018 (on-board date of the market damage), 75.52% off-type disability, 64% on-board disability, 20% on-board average on-board boarding income: 10% on-board labor disability x 15% on-15% (on-board date of the market damage), x 105% on-15% on-15% on-15% on-15% on-15% on-14% on-15% on-15% on-15% on-1.

From November 14, 2018 to June 1, 2026 (the end date): 69.4% of the extra-presidential disorder, 64% of the extra-presidential disorder, and 15% of the extra-presidential disorder, shall be 69.4% [1-0.64] x (1-0.15)].

Applicant Calculation: 231,932,031 won

B. The following circumstances acknowledged by the evidence mentioned above are met:

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