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(영문) 서울중앙지방법원 2016.01.22 2014나54617
손해배상(자)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant 378,769,516 won and 328,769 among them.

Reasons

1. The reasoning for the court’s explanation of this case is as follows, and the reasoning for the judgment of the court of first instance is as stated in the reasoning for the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be used after completion ① The descriptions, etc. of evidence Nos. 3 and 13 of the judgment of the court of first instance shall be written only with the entries, etc. of No. 4 of the judgment of the court of first instance.

(2) From 4th to 13th of the judgment of the first instance, the following shall apply:

(1) Personal information: The same shall apply to the basic information in the attached form of damages calculation sheet.

However, according to the result of the physical appraisal entrustment to the head of the Seoul Hospital at the court of first instance and the result of the fact-finding on the head of the same hospital at the court of first instance, the Plaintiff’s life expectancy is presumed to have been at least 65% of the normal person’s 65% based on the date of the instant accident ( October 3, 2010). Therefore, applying this to this, the end date of life expectancy shall be deemed to be until May 12, 20

③ Each number of pages 8, 9, 11, 12, and 15, and 16 of the judgment of the court of first instance (the first disbursement shall be deemed to be made on July 26, 2014, which is the day following the date of the closing of argument in this case, for the convenience of calculation) shall be written (no evidence exists that such disbursement was made by the date of closing of argument in the court of first instance, and it shall be deemed to be made on October 28, 2015, which is the day following the date of closing of argument in the court of first instance for the convenience of calculation

(4) The sixth, nine and nine pages of the judgment of the first instance shall be applied in the following manner:

Of the prepaid medical expenses of KRW 186,725,550, the amount of KRW 56,017,665 equivalent to the negligence of Plaintiff A and KRW 75,428,220 shall be deducted.

(5) On the 6th of the judgment of the first instance (based on recognition), the court shall dismiss this court as the court of the first instance, and add the results of inquiry into the president of the Seoul Hospital of the first instance.

(6) The number of pages 7, 20, 8, and 8 shall be applied to the judgment of the first instance as follows:

Therefore, the defendant 378,769,516 won = 328,769,516 won in total with positive damages and damages.

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