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(영문) 서울서부지방법원 2020.08.07 2019나38974
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning of the judgment of the court on this part of the occurrence of liability for damages is the same as that of the judgment of the court of first instance, 1. The occurrence of liability for damages is recognized by the main sentence 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 calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

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

[Ground of recognition] In the absence of dispute, Gap's statements and images, Gap's 1 through 4, 6, 8, 10, 11, 15 through 22, 24, 25, 34, Eul's evidence Nos. 1 through 7 (including the paper numbers), the results of the commission of physical examination and the results of fact inquiry to the G Hospital Director of the court of first instance, the results of physical examination to the H Hospital Director of the court of first instance, the results of fact inquiry to the I of the court of first instance, and the purport of the whole pleadings.

(a) Daily income: The personal information of 50,767,697 won 1): 64 years of age at the time of the instant accident, J of birth, 64 years of age at the time of the accident, 27 days of age 64, and 80 percent of the normal person as of the appraisal date (as of May 13, 2018), the Plaintiff’s remaining life expectancy was reduced by 80% of the normal person as of the appraisal date (as of May 13, 2018), when calculating the remaining life on April 12, 203, reflecting that the date of hospitalized treatment ends on May 20, 2020 (Ga evidence 34), the remaining life end is deemed as 64 years of age at the time of the instant accident, but the Plaintiff was residing in rural areas and engaged in agriculture, and the Plaintiff’s recent aging period from the date of the accident to the date of 10th 25 years of age 10 to the date of 10th 25 years of age 19.

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