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(영문) 대전지방법원 2017.08.18 2017나2241
손해배상(의)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the following changes to the reasoning, and thus, it is acceptable as it is by the main sentence of

2. In the modified part of the judgment of the first instance court, the phrase “written evidence No. 2” in Section 8 of Section 4 of the judgment of the first instance court shall be deemed to read “written evidence No. 2 and evidence No. 7”.

The written judgment of the first instance shall be amended from 4th to 16th, as follows:

'2) Hasking expenses: 2,427,208 won tort compensation for damages shall be made from the perspective of fairness and fairness, and it shall not be charged to the amount of nursing expenses actually paid.

Comprehensively taking account of the results of the physical appraisal commission to the director of the Gi University Hospital in the first instance court and the purport of the entire pleadings, it is deemed that the Plaintiff was required to open one adult male and female for about 8 hours a day from the date of the instant accident, and accordingly, the first instance court recognized the daily wage of KRW 86,686 as KRW 87,805, as sought by the Plaintiff, the daily wage of KRW 86,686, which is against the principle of disposition authority, is recognized as the daily wage of the Plaintiff.

calculated by calculating it as 2,427,208 won (=28 days x 86,686 won) shall be recognized.

3) Limitation of liability: 1,253,667 Won [2,427,208 Won = (80,127 Won 2,427,208} 50 per cent of the judgment of the first instance court, 50 per cent of the defendant's liability, and 13 to 18 per cent of the judgment of the first instance court] shall be amended as follows:

“The Defendant is obligated to pay the Plaintiff damages amounting to KRW 3,753,667 (i.e., KRW 1,253,667, consolation money amounting to KRW 2,500,000) and damages for delay calculated at each rate of 5% per annum prescribed by the Civil Act, from October 14, 2014, which is the date of the instant accident, until August 18, 2017, where it is deemed reasonable for the Defendant to dispute the existence or scope of his/her obligation to pay damages to the Plaintiff.”

3. Conclusion.

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