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(영문) 서울중앙지방법원 2015.10.30 2014나7673
손해배상(자)
Text

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

The defendant shall pay to the plaintiff KRW 171,387,756 and KRW 141,387,756 among them.

Reasons

1. The court's explanation concerning this part of the liability for damages is the same as the corresponding part of the judgment of the court of first instance. Thus, it is citing this 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) The reasoning for this Court’s explanation is the same as the corresponding part of the judgment of the court of first instance, and thus, it is acceptable to accept it as it is in accordance with the main text of Article 420 of the Civil Procedure Act.

3) The reasons why the court should explain this part of the income and operating period are as follows. (4) On or after January 1, 2013, the part of the first instance judgment except for inserting KRW 3,054,250 per month and KRW 3,054,250 per month is the same as the corresponding part of the first instance judgment. (4) Under the main sentence of Article 420 of the Civil Procedure Act, the remaining disability and labor ability loss rate per annum (1) due to the instant accident is as follows: (a) the latter disability due to the instant accident; and (b) the result of physical entrustment to the director of the hospital at the same time, the court of the first instance is anticipated to suffer from the subsequent disability due to the instant accident; (c) according to the results of the physical entrustment to the director of the hospital at the same time, the above appraisal rate is 78% [20% [2.7% of the Mabrodral mal mal malmal mar, the application rate of labor ability due to the two or the labor force.]

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