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(영문) 서울중앙지방법원 2016.07.21 2014나59155
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment to the plaintiff A in excess of the following amount shall be revoked:

Reasons

1. The court's explanation on this part of the claim for damages is the same as the corresponding part 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 of the Civil Procedure Act.

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.

(1) Personal information: The amount of damages shall be as stated in the column for “basic matters” in the attached Form.

(2) As the Plaintiff’s income and operating period from January 1, 2012 to June 29, 2012, the Plaintiff earned monthly income of KRW 2,448,033 (i.e., KRW 14,688,200 ± 6). From August 20, 2012 to September 9, 2012, the date of the instant accident, the Plaintiff earned income of KRW 1,57,370 while working in G for 20 days. As such, monthly income for calculating the Plaintiff’s lost income is deemed as 2,436,835 won [=16,245,570 won + 168,68,200 won, 1,577)] of the actual wage immediately before the instant accident ±630 days].

(3) The ratio of the latter disability and the labor ability loss by type of the latter disability 1) the ratio of the labor ability loss by type of the latter disability 6%, the permanent disability (applicable mutatis mutandis to the occupational coefficient 6 considering the fact that it is applied mutatis mutandis by Section II-A-1 of the Mabromoth disability assessment table, the fact that it is applied mutatis mutandis by Section II-A-1 of the Mabromoth disability assessment table, and the fact that it is an outdoor worker) ② the labor ability loss rate by the 3.5% due to the stalone in the upper half of the right slot section, the permanent disability (applicable mutatis mutandis by Section III-2 of the Mabroth disability Assessment Table, and by taking into account the fact that it is an outdoor worker's official figure 6) and the Plaintiff.

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