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(영문) 서울중앙지방법원 2016.06.09 2015나1887
손해배상(자)
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

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) Whether the restriction on life expectancy is limited: The plaintiff's name is determined not to be limited in light of the current status of the plaintiff and the fact that the plaintiff does not recognize the loss of labor ability by CRPS as follows.

(3) Income and operating period: The urban daily wage of ordinary workers; the number of operating days until he reaches the age of 22; (4) the rate of loss of labor capacity based on the latter disability and the latter disability (A) the rate of loss of labor capacity due to mental health department 1); 22% of the rate of loss of labor capacity due to depression, uneasiness, uneasiness, etc.; and the permanent disability (i) the permanent disability (i.e., two parts of Mabrid disability Assessment Table, brain, vii-B-2-b; ii) the occupational coefficient 3; and (iii) the defendant applied the occupational coefficient to the latter disability of mental health department, such as the Plaintiff’s depression, etc., which was suffering from the external factors of the instant accident, such as the instant accident, is reasonable, and therefore, it is reasonable for the Defendant to evaluate the rate of loss of labor ability due to the latter disability, taking into account the Plaintiff’s symptoms, etc.

As a result, the court of first instance entrusted the physical assessment to the Samsung Seoul Hospital Head.

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