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(영문) 서울중앙지방법원 2016.05.26 2015나50483
손해배상(자)
Text

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

Reasons

1. The court's explanation on this part of the claim for damages is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The reasons why the court should explain this part of the scope of the liability for damages are as follows: (1) the annexed calculation table of damages is replaced as follows; (2) the generally known part between the fourth to the fourth to the 11st of the judgment of the court of first instance is used as follows; and (3) the reasons why the judgment of the court of first instance is 2-B.

In addition to using paragraphs (2) and (4) of the first instance court's reasons for the second instance court's decision as follows: (3) other than using paragraphs (f) and (c) of the second instance court's decision, it is identical to the corresponding reasons for the first instance court's decision. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(1) In the event of an accident, the rate of loss of labor ability during the period of hospitalization may be determined to be less than 100% based on the empirical rule, considering the victim’s age, king, educational degree, nature of labor, degree of physical disability, and other social and economic conditions. The Lessee appears to have been hospitalized for a total of 43 days from January 14, 2013 to January 14, 2014 due to the instant accident. The Lessee appears to have been hospitalized for a total of 43 days. Thus, the Lessee’s contribution to the Lessee’s loss of labor ability during the period of hospitalization is 70%, the degree of contribution of king’s loss of labor ability due to the Plaintiff’s loss of labor ability was 50% and both sides’s loss of labor ability was 50%, and the other Lessee’s age and period of hospitalization was 60% due to the instant accident.

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