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(영문) 서울고등법원 2017.10.26 2016나2062796
손해배상(의)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff A, which ordered additional payments.

Reasons

1. Basic facts and

2. The court's explanation in this part is identical to the reasoning of the judgment of the court of first instance as stated in paragraphs (1) and (2). Thus, the court's explanation in this part is acceptable as it is by the main text of Article 420

3. The calculation basis, expenses, calculation details and amounts of the Plaintiff’s property and mental damages caused by the accident in this case shall be as follows.

(However, it shall be calculated at the present price at the time of the accident of this case, and the calculation shall be less than KRW 5/12 per month and less than KRW 5/12 per month shall be discarded). The parties' arguments that are not separately explained shall be dismissed.

Plaintiff

Personal information No. A 1: [Attachment 1] Rental Name: Until October 12, 2018, the [Attachment 2] List for Calculation of Compensation for Damages (basic matters]; 2] Rental Name: According to the physical appraisal commission and each fact inquiry conducted by the court of the first instance for the head of the Central University Hospital after the instant accident, considering that the Plaintiff’s life is continuous plant condition and minimum food condition after the instant accident, the Plaintiff’s life is presumed to be 10-20% of normal person. Thus, it is reasonable to 3 years as of October 13, 2015: 10% of maximum working age, income, and operating days: The Plaintiff was 63 years of age at the time of the instant accident, but was engaged in agriculture in rural areas, and therefore, the Plaintiff’s age, career, health condition, etc. after the date of the instant accident, it is reasonable to deem that the Plaintiff’s life was operated until December 6, 2015 after the instant accident.

The plaintiffs asserts that the plaintiff A can operate until the expiration of the life expectancy.

However, the following circumstances, which are acknowledged as the result of the fact-finding on the National Health Insurance Corporation of the first instance court, and the fact-finding on the National Health Insurance Corporation of the first instance court, Plaintiff A was transferred to the 254 medical institution in total from June 2010 to February 2014, and the size of farmland cultivated by Plaintiff A in 2013.

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