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(영문) 대구지방법원 2019.03.27 2016가단119509
손해배상(기)
Text

1. The Defendant’s KRW 88,050,761 as well as the Plaintiff’s annual rate from July 5, 2014 to March 27, 2019.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are intersected with a high-speed line, and the spouse C is between the Defendant and the elementary school.

B. At around 03:10 on July 5, 2014, the Plaintiff, the Defendant, and C drinked alcoholic beverages on the street near the cafeteria located in Busan Metropolitan City D, while the Defendant continued to go out of C, even though the Defendant was under the control of a police officer who was called upon receiving a report on the issue of a bath for C, and was under the control of C.

C. In order to restrain the Plaintiff from doing so, the Defendant was physically injured by the Defendant’s fluoring the Plaintiff’s chest with two descendants, and the Plaintiff was faced with his hair on the floor, and the Plaintiff faced with 10 weeks’ head, and suffered injury, such as an external cerebral cerebrovascular, which requires 10 weeks’ treatment.

(hereinafter referred to as “instant accident”). [Ground of recognition] The fact that there is no dispute, Gap evidence Nos. 2 and 9 (including the serial number, hereinafter the same shall apply) and the purport of the whole pleadings.

2. Determination

A. According to the above fact of recognition of damages liability, the defendant is liable to compensate for the damages suffered by the plaintiff due to the accident of this case as a tort.

B. In addition to the items separately described below the scope of liability for damages, each item of the attached Table of the calculation of damages shall be the same as the corresponding item, and the period of convenience in 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 on lost income A): The same shall apply to the entry in the column of “basic matters” in the attached Form of damages calculation sheet.

B) Maximum working age: Unless there exist special circumstances between the age of 65 and the age of 65, deeming the maximum working age of a person engaged in ordinary physical labor or a person who mainly lives with physical labor as the maximum working age by the age of 65 is in accord with the empirical rule (Supreme Court en banc Decision 2018Da248909 Decided February 21, 2019).

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