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(영문) 서울북부지방법원 2015.07.08 2014가단116254
손해배상(기)
Text

1. The Defendant’s KRW 23,143,089 as well as 5% per annum from February 20, 2014 to July 8, 2015 to the Plaintiff.

Reasons

. It is reasonable to limit the defendant's liability ratio for active damages to 50% in consideration of the fact that the risk to the extent possible is at least 50%, and the ideology of the damage compensation system based on the guiding principle that the fair and reasonable allocation of damages is the guiding principle.

3. In addition to the scope of compensation for damage, the item in the separate sheet of calculation of damages shall be the same as the item in the separate sheet of calculation of damages, and the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 3

The current rate of the amount of damages shall be calculated by deducting the interim interest calculated at the rate of 5/12 per month from the interest rate.

In addition, it shall be rejected that the parties' arguments have not been separately explained, but the plaintiff's claims shall apply.

(a) Daily income* Personal information: as stated in the column for “basic matters” in the attached Form for calculation of damages.

* Occupation: A pharmaceutical company's operating staff, monthly income shall be calculated as KRW 4,031,041,041, average business income in 2013.

* Labor disability loss rate: 5% loss rate is recognized as the decrease in the Plaintiff’s physical activity range.

* Loss from business suspension: The appropriate period of hospitalization of the Plaintiff due to the instant accident is 137 days, or the injury or degree of the Plaintiff, and the treatment period is 100 days in light of the progress of treatment.

*Calculation: 46,651,378 won, such as the attached table of damages calculation.

B. In the future, the Plaintiff needs to pay 4 weeks a week for physical treatment for recovery of the right slot, and its expenses are anticipated to be 468,000 won, and there is no evidence to have spent the above physical treatment expenses until the closing of the pleadings in this case. For the convenience of calculation, the Plaintiff received medical treatment from May 28, 2015, which is 4 weeks after the completion of the pleadings in this case, and spent the expenses on June 24, 2015, which is 4 weeks after the completion of the pleadings in this case. The expenses are to be calculated at the present as of February 20, 2014, which is the base date of the damages for delay in this case, as seen below.

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