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(영문) 서울중앙지방법원 2019.05.16 2017나53905
손해배상(자)
Text

1.The judgment of the first instance, including any claims added by this Court, shall be modified as follows:

The defendant.

Reasons

1. The reasoning for the court’s explanation as to this part of the liability for damages is as stated in the corresponding part of the judgment of the court of first instance, except in the following cases. Thus, this Court’s explanation is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[C]

C. The Defendant asserts that, at the time of the instant accident, the Defendant should limit the Defendant’s liability by taking account of the negligence, since the Plaintiff’s fault in failing to wear a safety bell, the Plaintiff left his body due to the collision, and the damage was increased by suffering from multiple bodily injury on several parts of the body.

However, in light of the circumstances revealed by the purport of Gap evidence No. 13 and the entire argument, namely, that the plaintiff is written as wearing a safety labelling at the initial evaluation record of an emergency patient sent after the accident of this case, the evidence submitted by the defendant cannot be readily concluded that the plaintiff did not wear a safety labelling unit. Thus, the defendant's above assertion cannot be accepted.

2. In addition to the matters stated below within the scope of liability for damages, the corresponding items in the separate sheet of calculation of damages shall be as follows, and 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 KRW 1 shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

It shall be rejected that the parties' arguments are not separately explained.

[Ground of recognition] The absence of dispute, Gap's evidence Nos. 3 through 9, 11, 13, Eul's evidence Nos. 1, the G Hospital Head of the court of first instance, H Hospital Head, and J Hospital Head as a result of the fact-finding, and the fact-finding results, the results of this court's commission of physical examination to K Hospital Head and the fact-finding results, significant facts, experience, and the purport of the whole pleadings

(a) Personal information on lost income (1): as stated in the column for “basic matters” in the annexed amount of damages calculation sheet.

(ii).

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