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(영문) 서울중앙지방법원 2016.06.17 2015나62875
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is used as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part written in the report (1) is replaced by the annexed Form 1 in the annexed Form 7 of the judgment of the court of first instance with the following corresponding Table 1.

(2) Part IV of the judgment of the first instance shall be referred to as "expenses for future treatment" as follows:

“The cost of future treatment” as stated in the table of the calculation of the amount of compensation for damages in attached Form 1. The cost of 14,253,985 won per year during the duration of nursing treatment, including rehabilitation treatment, outpatient treatment, all kinds of tests and drugs, etc. (no evidence exists to prove that the plaintiff has separately disbursed the above amount of future treatment in addition to the amount of treatment provided in a convalescent hospital, etc. by the defendant’s payment guarantee until the end of the pleadings, etc., it shall be deemed that the first disbursement was made on May 4, 2016 on the day following the date of the closing of argument in the trial for the convenience of calculation, and the present price shall be calculated as listed below:

(3) Attached Form 2 of the judgment of the court of first instance shall be replaced by the annexed Table 2 as follows. (4) The part of the judgment of the court of first instance No. 5 through No. 6 shall be deemed to have been disbursed by the Plaintiff by the date following the date of closing the argument in the court of first instance. Therefore, it shall be deemed that the first disbursement was made on May 4, 2016, which is the day following the date of closing the argument in the court of first instance for the convenience of calculation. The annexed Form 3 shall be replaced by the annexed Table 3 as follows.

3. In conclusion, the Defendant’s insurance money amounting to KRW 49,491,322 (i.e., KRW 261,895,312 (i.e., property damage after offsetting negligence - KRW 83,403,90 for medical expenses equivalent to the Plaintiff’s negligence - KRW 195,000 for damages advance payment - KRW 66,000 for damages) and the accident of this case.

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