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(영문) 춘천지방법원 2018.09.12 2017나50499
손해배상(기)
Text

1. The judgment of the court of first instance, including the Plaintiff’s claim changed at the trial court, shall be amended as follows.

Reasons

1. The reasoning for this part of this Court is as follows: (a) the judgment on the basic facts and the defense prior to the merits and the reasoning for this part of this Court’s liability is as follows: (b) the part of the judgment of the court of first instance, except for the deletion of the part “I am and I am going through, and I am to go through, the plaintiff; and (c) the part “I am to go through, the plaintiff,” and the part “I am to go through, the plaintiff,” and the part “I am to go through, or to be removed

2. Parts dried - Scope of liability for damages; and

A. According to the Plaintiff’s name of lease and the result of the first instance court’s fact-finding reply with respect to the Plaintiff’s name of lease and the Plaintiff’s name of lease was reduced by 70%, and the name of lease was presumed to be January 13, 2017 due to the instant accident.

However, it is difficult to accurately predict the actual life expectancy of the Plaintiff when taking account of various circumstances shown in the records of this case, even until the date of the closing of argument in this case where the above life expectancy was in existence of the Plaintiff, and thus, it is difficult to order the payment of a lump-sum amount until the date of the closing of argument in this case where the Plaintiff is clearly alive and to order the payment of the fixed

B. The expected amount of damages, such as the prested treatment costs and future treatment costs, can be compensated only for damages actually incurred if the expected period has already elapsed at the time of the closure of the arguments at the fact-finding court (see, e.g., Supreme Court Decision 9Da68577, May 12, 2000). The part of future treatment costs recognized in the first instance court is from May 10, 2016 to January 13, 2017. Since the expected period of future treatment costs had already expired as of July 11, 2018, which is the date of the closure of the arguments at issue, the amount of damages shall be calculated by considering only the treatment costs that have been actually incurred.

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