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(영문) 서울중앙지방법원 2018.05.03 2017나64653
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. The reasoning of the judgment of the court of first instance is that the court below rejected the motion picture of No. 10, which is insufficient to acknowledge the plaintiff's assertion as to king evidence, and it is identical to the reasoning of the judgment of the court of first instance except for the use or addition as follows. Thus, the court below cited it as it is in accordance with the main sentence of Article 420 of the

2. A statement of calculation of damages in attached Form 1 of the judgment of the court of first instance which is written or added shall be replaced by that of this judgment;

The third to the third to the sixth of the judgment of the first instance are as follows.

However, according to the evidence mentioned above, the Plaintiff’s liability is limited to 50% considering the following points: (a) the Plaintiff crosses the three-lanes of the seven-lanes from which bus exclusive lanes are installed; (b) the Plaintiff appears not to have checked the road without permission while crossinging the road; and (c) the Defendant’s driver, as the Defendant’s vehicle, appears not to have easy recognition of the Plaintiff’s unauthorized crossing of the vehicle without permission due to the need of the vehicle located in the two-lanes; (d) the Defendant’s liability is limited to the 50% of the Plaintiff’s liability is added to the three-lanes of the first instance judgment.

According to the life table of 2014 announced by the Statistics Korea on December 2, 2016, the Defendant asserted that the life expectancy of a male under 81 years of age is 7.35 years, and that the life expectancy reduced by the physical examination result is 70%, the Plaintiff’s life expectancy is 5.14 years (=7.35 years x 70%). However, since the life expectancy of a Korean person who is regularly investigated and prepared by the Statistics Korea is obvious to the court, the life expectancy of a victim, which serves as the basis for calculating the amount of damages, such as lost income, etc. of a victim due to a tort, may be determined by the life chart prepared near the point of time of the occurrence of the damage (see, e.g., Supreme Court Decision 199Da1111, Dec. 7, 199).

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