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(영문) 창원지방법원통영지원 2017.06.14 2016가단25729
손해배상(기)
Text

1. The Defendant’s KRW 20,000,100 as well as the Plaintiff’s annual rate from September 1, 2016 to March 29, 2017, and the following.

Reasons

1. In addition to the purport of the entire pleadings in the evidence No. 1 (including paper numbers), the Defendant, on September 1, 2016, acknowledged the fact that the Plaintiff laid the sofinite to the Plaintiff on September 1, 2016, and caused a multi-faceted heat that requires treatment for two weeks.

Therefore, the defendant is liable to pay the plaintiff the compensation for the tort.

2. Scope of liability for damages

(a) Daily income, 2016;

9. From January 2 to June 19, 2030 (the time when the Plaintiff turns 60 years of age as maximum working age), the daily average wage of 102,628 won for urban daily workers, the monthly average wage of 2,257,816 won (i.e., 102,628 won x 22 days) (i.e., a survey report on the actual status of wages in construction business during the first half of 2017), and the calculation of the daily average income based on 15% of the loss rate of labor due to chest disability (permanently permanent) are as follows.

Cost of KRW 42,461,390 = Monthly average wage of KRW 2,257,816 ¡¿ 15% ¡¿ 125.3760 (Reflection of head office coefficient)

(b) Medical expenses and future medical expenses = 495,855 won = 398,307 won for medical expenses of September 1, 2016 (Evidence 2-2 of the Evidence A) 25,674 won for medical expenses of September 5, 2016 (Evidence 2-3,600,000 won for future medical expenses of September 8, 2016) 2,60,600 won for surgery fees of KRW 500,000 for hospitalization fees of KRW 150,000 for medical expenses of KRW 1,60,000 for medical expenses of KRW 150,000 for medical expenses of KRW 250,000 for materials of KRW 10,000 for medical expenses of KRW 10,100 for medical expenses for medical treatment (the result of physical entrustment to the head of the Dong University University of this Court)

C. The consolation money shall be 10,000,000 won when comprehensively considering the Plaintiff’s age, details of the accident, degree and part of the injury, treatment period, etc. indicated in the records of the instant case.

Since the Defendant deposits the Plaintiff with the reimbursement of KRW 500,00,000 for medical expenses, and KRW 2,000,000 for the agreed amount, the deduction for profit and loss would be as follows:

Cost of KRW 40,461,390 = 42,461,390 - 2,00 agreed amount of KRW 2,00,000,00 for the treatment expenses paid by the Defendant, the remainder of KRW 4,145 = 50,000 - 495,855

D. The Defendant’s filing of a lawsuit with the Plaintiff = KRW 53,057,245.

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