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(영문) 부산지방법원 2016.10.06 2015나49498
손해배상(산)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. The court's explanation as to the occurrence of liability for damages is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. 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 value calculation at the time of the accident shall be based on the discount method that deducts interim interest at the rate of 5/12 per month, and it shall be rejected if the parties do not separately state their claims.

(1) Personal information: The plaintiff is a DNA female, and the age at the time of the accident of this case remains 25 years of age and 59.98 years of age.

Shell income and operation period: The calculation shall be based on the monthly average wage of Chinese urban workers from May 1, 2014 to July 18, 2048, which was 60 years of age, as sought by the Plaintiff, from May 1, 2014 to July 18, 2048 (=56,360 bills x 165.65 won at the time of closing argument in the trial ± 12 months).

The plaintiff alleged that he earned monthly income of the amount of KRW 2,246,040 in China prior to the accident of this case. However, it is difficult to conclude that the plaintiff had continuously raised or could have earned the above income at the time of the accident of this case, because the statement in Gap 10, 11, and 12 alone is insufficient to conclude that the plaintiff had continuously raised or could have earned the above income at the time of the accident of this case. Thus, the plaintiff'

【 post-employment disability and labor ability loss rate: A permanent loss of labor ability due to mallegance of the inner body and the two parts; however, the rate of loss of labor ability due to such mallegance shall be set at 30%.

According to the result of the physical examination commissioned by the court of first instance to the director of Busan University Hospital, the physical examination of the plaintiff's physical disability remaining in the appearance of the plaintiff due to the accident in this case is out of the appearance of the plaintiff of the attached Table 2 No. 12 of the Enforcement Decree of the State Compensation Act.

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