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(영문) 대전지방법원 2016.12.07 2016나4592
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 42,061,578 and KRW 32,061,578.

Reasons

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance except where the court of first instance adopted the judgment as follows. Thus, it shall accept it by the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary Use] Part 3 70% "70%" in Part 9 shall be deemed to be "60%".

On the 4th page, the overall part of the 5th page is "(for example, if he goes to work for 8:0 p.m. on the 30 p.m. on the 8:30 p.m. on the 5th day, he leaves to work for 8:0 p.m. on the 30 p.m. on the 8:0 p.m.

Part 4, 12 and 13 "The plaintiff work 24 hours to work for a day-day system and the next day without rest," shall be "I do not rest on the next day after the day when the plaintiff works for a day-time system."

Part 1 to 7 are as follows. Part 1 to 7 are as follows.

4 Where the retirement age of any G employee during the operation period is 60 years of age, and the month in which he/she reaches the retirement age is between January and June.

6. The Plaintiff’s operation period is deemed to be up to June 30, 2021, which is an expected date of retirement, since it retires from office on 30.30.

The plaintiff asserts that at least 63 years of age can be engaged in agriculture, but it is difficult to view that there is a special circumstance that the plaintiff can be engaged in agriculture beyond the retirement age. Thus, the above argument is not accepted.

5) The latter disability and labor ability loss rate ① The latter disability and labor ability loss rate: 27% (the rate of labor ability loss during the period of hospitalization shall not be separately calculated as sought by the Plaintiff) of the labor ability loss rate of 27% (the two parts of the Mabrid Table, brain, ix-B-2, occupational coefficient 3, and the rate of labor ability loss during the period of hospitalization as sought by the Plaintiff). ② The latter disability is not recognized (The latter part of the physical evaluation conducted by the court of first instance as a result of the court’s entrustment to the director of the Ansan Hospital at Korea University of the first instance, which is without sense to the Plaintiff’s right side, and thus, the latter part is a 5% of the Enforcement Decree of the State Compensation Act by applying mutatis mutandis the two parts of the Mabrid Table, brain, and Mabrid Table, two parts of the Mabrid Table, brain, and the two-A-2.

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