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(영문) 서울남부지방법원 2013.11.29 2012가단86981
손해배상(자)
Text

1. The Defendant’s KRW 101,73,721 as well as 5% per annum from December 7, 2011 to November 29, 2013 to the Plaintiff.

Reasons

(a) claim the payment of the amount of 345,220 won (the actual income of 98,345,220 won, consolation money of 16,00,000 won).

B. The Plaintiff’s damage caused by the instant accident is unlawful because the aforementioned evidence, evidence Nos. 5 through 8, 14, and evidence Nos. 3 and 5, and the result of the Defendant’s physical examination commission to the president of the Korea University Cancer Hospital [the Defendant is prepared by the director in charge of the hospital or a full-time lecturer or higher-time lecturer for each of the appraisal subjects stipulated in the Rules on the Selection of Appraisers, etc. and the Calculation Standards for Fees for Appraisal, etc., although the Defendant’s physical examination following the physical examination commission was prepared by the chief of the hospital, the former director in charge of the hospital, or a full-time lecturer or higher-time lecturer for each of the appraisal subjects. However, the above established rules merely provide the court with the court’s business guidance, and thus, are not accepted]. This Court’s fact-finding with the attached

1) Property damage = Rate of loss of labor ability: 100% of hospitalization period, 20% thereafter * Plaintiff's revenue: 3 million won per month (Evidence A, 7, 8, 5)* Plaintiff's negligence: 10% (the traffic accident in this case occurred from a sudden turn to the left, the time when the traffic accident in this case occurred, etc.): 2% of the amount of compensation for loss of labor ability: 14,800 won (the amount shall be calculated by taking into account the rate of loss of labor ability of the Plaintiff within the limit of eight million won, the rate of loss of labor ability of the Plaintiff's negligence (75%) 3% in total: 101,73,721 won in total.

3. In conclusion, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 101,73,721 as well as 5% interest per annum as stipulated in the Civil Act from December 7, 2011, which is the date of the instant accident to November 29, 2013, which is the date of the instant judgment, and 20% interest per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. Thus, the Plaintiff’s claim shall be accepted within the scope of the above recognition.

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