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(영문) 서울북부지방법원 2015.12.09 2013가단17558
손해배상(기)
Text

1. The Defendants jointly share KRW 46,343,132 with respect to the Plaintiff, and 5% per annum from November 1, 201 to December 9, 2015.

Reasons

In light of the fact that it is difficult to view that the Defendants actively knew of their mental symptoms after taking advantage of the medicine, etc., the above circumstance appears to have caused the occurrence and expansion of the Plaintiff’s damage, and thus, the above circumstance should be considered in calculating the amount of damages that the Defendants should compensate for, and the ratio of the Defendants’ liability to the Plaintiff should be limited to 40%.

3. In addition to the matters stated below within the scope of damages, the corresponding item of the annexed amount of damages calculation sheet shall be the same as the corresponding item of the annexed amount of damages, and the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than

The calculation of the current value of the amount of damages shall be based on the discount method that deducts interim interest at the rate of 5/12 per month.

In addition, it shall be rejected that the parties' arguments have not been separately explained, but the plaintiff's claims shall apply.

(a) Lost earnings: KRW 92,69,222, won * Personal Information: The same shall apply to the entry in the column for “basic matters” in the annexed amount of damages calculation sheet.

* Income and operating period: Urban daily wage (22th day of the same month) from November 1, 201, to December 5, 2042, which is the end of the operating period from November 1, 2011 to 60 years of age in which the Plaintiff was hospitalized * Rate of Loss of Labor Capacity due to a mental disorder whose details are unknown : 25% [The rate of Loss of Labor Capacity due to a mental disorder in detail 25% [Article 8-B-1 (Coordination of Mabrid Disability Assessment Table - Mabropsyyyyyyyyyyyyyyyyyyyyyyyys)] Provided, That 10% from November 1, 201 to December 30 of the same month].

(b) king medical expenses: 2,705,670 won for hospitalized treatment in the F Hospital, and 714,440 won for outpatient medical treatment, and 744,00 won for medicine.

C. Future medical expenses: The amount of KRW 1,787,252 is expected to be required due to continuous pharmacologic treatment of KRW 1,494,500, and there is no evidence to prove that such disbursement was made prior to the date of closing of argument in the instant case, and for the convenience of calculation, the above expenses are deemed to be disbursed on October 29, 2015, which is the day following the date of closing of argument in the instant case.

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