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(영문) 서울중앙지방법원 2015.08.28 2014나59032
손해배상(자)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant is the 22,775,638 won and the Appointor to the plaintiff (Appointed Party) A.

Reasons

1. The reasons why the court should explain this part of the liability for damages are the same as the corresponding part of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Grounds for recognizing the scope of liability for damages: In principle, the period of time shall be calculated on a monthly basis, based on the absence of any dispute, the evidence Nos. 1, 7, and 11, the evidence Nos. 4, the physical appraisal result and inquiry result of the head of the Central University Hospital of the first instance court, the significant fact, the empirical rule and the purport of the whole pleadings, but the period of time less than the last month and less than KRW 1

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.

The plaintiffs alleged that the plaintiff Gap lost 15%'s labor ability due to an anti-scambing of inside part of the body, but the method of calculating the rate of loss of labor ability under the Enforcement Decree of the State Compensation Act is defined without dividing the grade for limited compensation treatment for specific areas, such as the State Compensation Act, and most of the above, because the degree of loss of labor ability cannot be acknowledged immediately on the basis of this, since it is difficult to recognize the rate of loss of labor ability, and it is difficult to recognize it as it is, based on this, it is difficult to conclude that the above plaintiff lost 15%'s labor ability due to an anti-scambing of inside part of the body, but there is no other evidence to acknowledge it. Thus, the above plaintiff's assertion that the above plaintiff's evaluation method of loss of labor ability under the Enforcement Decree of the State Compensation Act is defined without separating the grade for limited compensation treatment for specific areas, such as the State Compensation Act.

However, in light of the present situation of the above plaintiff, face after the future sex surgery.

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