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(영문) 서울서부지방법원 2017.07.04 2017나30501
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. Establishment of liability for damages;

A. The court's explanation on this part of the occurrence of liability is the same as the corresponding part of the judgment of the court of first instance, and thus, citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act

B. The Defendant asserts that the Defendant’s liability should be partially limited since the Plaintiff’s failure to wear a safety bell at the time of the instant accident. However, it is insufficient to recognize that the Plaintiff was negligent in the occurrence and expansion of damages caused by the instant accident, such as the Plaintiff’s failure to wear a safety bell, etc. (In addition, according to the respective descriptions stated in the evidence Nos. 15 and 16, the Plaintiff appears to have worn a safety bell) without any other evidence to acknowledge it (the above assertion is without merit).

2. The following facts can be acknowledged in full view of the evidence mentioned above, as follows: Gap's evidence Nos. 5, 8, 10 through 14, 18, 20, 21, 22, Eul's evidence Nos. 1 through 8, Eul's physical examination and fact inquiry with respect to the hospital affiliated with the Ghee University at the first instance court, and the results of the physical examination and fact inquiry with respect to the hospital affiliated

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 won shall be discarded. The current price calculation at the time of the accident of the amount of damages shall be governed by the simple interest rate that deducts the interim interest at the rate of 5/12 percent per month. And it shall be excluded that the parties' arguments do not separately explain.

A passive damage (actual income): Personal information of KRW 403,098,765 (1), the date on which the name is ended, the period on which the name is ended, and the period on which the operation is below (basic matters).

However, the name of the victim can be determined by the life chart prepared at the time near the time of the occurrence of the damage, without referring to the evidence submitted by the parties (Supreme Court Decision 9Da41886 Decided December 7, 199). This is the same as the Plaintiff under the life chart near the date of the instant accident, which is the nearest to the date of the instant accident.

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