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(영문) 대전고등법원 2015.03.20 2014나12506
손해배상(의)
Text

1. The part of the judgment of the court of first instance regarding the claim for active damages is revoked, and the plaintiff's lawsuit constituting the revocation part.

Reasons

1. Progress, etc. of the instant lawsuit

A. The Plaintiff sought, in the first instance court’s passive damages, the cost of living deducted from the lost income (hereinafter “living cost”) and the cost of purchasing future medical expenses and auxiliary equipment in lump sum due to active damages, and sought a change in the part ordering the court’s decision regarding the opening of nursing costs in the previous final and conclusive judgment.

The first instance court dismissed the part of the living expenses from April 24, 2004 to December 31, 2012. The part of the living expenses from January 1, 2013 to July 9, 2014, which is the date of the closing of argument in the first instance court, from January 1, 2013 to the date of the closing of argument in the first instance court, and the living expenses from January 28, 2016, which is the maximum working age, from the date following the date of closing of argument in the first instance court, and the second medical expenses from the date following the date of closing of argument in the first instance court (which falls under the regular examination expenses from the date of closing of argument in the first instance court, brain wave, brain self-malmpicing examination expenses, physical treatment expenses, and medicine expenses, but is not accepted as the result of the Plaintiff’s lack of evidence, and citing the purchase expenses from the date of changing the opening expenses as the fixed fund.

(1) From January 1, 2014 to February 10, 2014, the day immediately preceding the filing of the instant lawsuit, the Defendant appealed against the judgment of the first instance. As to the judgment of the first instance, the Defendant appealed against the part against the judgment of the first instance. The Plaintiff has reduced the purport of the claim against the judgment of the first instance as to the part against which the judgment of the court of first instance was lost, and the claim for a lump-sum payment is modified to the lump-sum payment and the claim for a lump-sum payment with the same money as indicated in the judgment of the

B. This court shall judge in regard to the Plaintiff’s lump-sum payment that was reduced or changed in the trial against the Defendant’s objection, the claim for payment of fixed-term funds, and the claim for extension of fixed-term funds

2. The reasoning for the court’s explanation here is as stated in the reasoning of the judgment of the first instance, except where the “the judgment of the first instance court” of the 8th judgment is used as “the judgment of the second instance,” and thus, the corresponding part of the judgment of the first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.

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