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(영문) 인천지방법원 2019.12.13 2019나51461
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the following portions 2.0, and thus, it is acceptable in accordance with Article 420 of the Civil Procedure Act.

2. Parts to be dried;

(a) The calculation table of the amount of damages in the annexed Form of the judgment of the court of first instance shall be replaced by the calculation table of the amount of damages in the annexed Form of this judgment; and

B. The fourth 10th written judgment of the court of first instance was followed as follows.

② From June 3, 2015, the maximum working age deemed reasonable based on the empirical rule is 65 years old (see Supreme Court en banc Decision 2018Da248909, Feb. 21, 2019) (see, e.g., Supreme Court en banc Decision 2018Da248909, Dec. 11, 2039): 32% of the labor disability loss rate)

C. Part V of the first instance judgment "11,171,601" has been applied to "170,268,739" in Part V of the third instance judgment.

The 5th to 7th of the first instance judgment shall be dismissed as follows.

A person shall be appointed.

C. Comprehensively taking account of the overall purport of the pleadings as a result of the commission of physical examinations to the head of the medical corporation of the first instance court for the care expenses, the Plaintiff may be acknowledged as having been in need of opening of 8 hours a day from the date of the instant accident, since it is acknowledged that the Plaintiff absolutely needs to stabilize the aggregate after the instant accident, and an independent daily life, such as mobility, clothes, cleaning agent, etc., was restricted due to extreme pain, and that the opening of 1,213,604 won per day from the date of the instant accident (86,686 won for urban ordinary daily wage at the time of the instant accident x 14 days).

If the defendant's liability ratio is limited to 85% as determined prior to the limitation of liability, the plaintiff's property damages amounting to 145,759,991 won (=170,268,739 won per day income, 1,213,604 won), 85%, and less than won).

E. The consolation money shall be determined as KRW 20,000,000 in full view of all the circumstances revealed in the pleadings of the instant case, including the details and result of the instant accident, the Defendant’s ratio of liability, etc.

F. Accordingly, according to the theory of lawsuit, the Defendant’s total damages amounting to KRW 165,759,991 = Property damage amounting to KRW 145,759,91.

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