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(영문) 서울중앙지방법원 2015.07.03 2014나70596
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

Reasons

1. The court's explanation concerning this part of the occurrence of liability for damages is the same as the corresponding part of the reasoning 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

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 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.

Personal information 1) Personal data: 2) Income and operating period are as indicated in the annexed sheet for calculation of the amount of damages: urban daily wage and until they reach the age of 60, the Plaintiff claimed that he can earn income of KRW 7,916,666 per month between the age of 70 and the age of 70.

The Plaintiff obtained income of KRW 7,916,666 per month at the time of the instant accident only with the descriptions of the evidence Nos. 5 and 15

It is insufficient to recognize that he/she can obtain the above income by the age of 70, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's above assertion is without merit.

3) As to the application of 7.2% of the labor ability due to the aftermath disability and labor ability loss rate between the 4-5th century and the 5th century to the 1000th century, the 7.2% of the labor ability due to the protruding of the conical signboard escape rate, the permanent disability [Mabrid disability damage V-D-2-b), the vocational coefficient 5, the vocational coefficient 5, and the susperurdo 70%, the Defendant asserts that the Plaintiff’s protruding escape certificate was merely a king with no causation between the instant accident and the instant accident, and that the Plaintiff did not have any subsequent disability.

It is sufficient to determine the loss rate of labor ability in light of the fact that it should be reasonable and objectivity.

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