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(영문) 서울남부지방법원 2018.09.21 2017나55655
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

Reasons

1. The fact-finding and judgment of the first instance court on this part is recognized as legitimate even if the evidence submitted to the first instance court in the occurrence of liability for damages shows the evidence submitted to this court.

Therefore, the court's explanation on this part is the same as the reasoning of the judgment of the court of first instance, and therefore, it refers to the reasoning of the judgment of the court of first instance as it is in accordance with the main text

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for 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 price at the time of the accident shall be based on the discount method that deducts intermediary interest at the rate of 5/12 per month.

In addition, it is rejected that the parties' arguments are not stated separately.

1) Personal data A G2) The actual income shall be calculated on the basis of the Urban Daily Wage (22-day work) during the operating period, and the operating period shall be until the age of 60 is reached.

3) The latter part of the disability and labor ability loss ratio A) (1) The latter part of the disability: 31% of the labor ability loss ratio due to the physical and mental disability of the first instance court; 31% of the permanent disability [Application of the occupational coefficient 9-B-2; 5% of the two brain-dead disability evaluation table ; 15% of the labor ability loss ratio due to the application of paragraph 9-B-1 of the Mabrid disability evaluation table ; and 20% of the labor ability loss ratio due to family problems; 30% of the labor ability loss ratio due to the Plaintiff’s memory and recognition disorder as the child of the first instance. However, unlike the results of physical and mental diagnosis of the first instance court, there is no basis to recognize the labor ability loss ratio as 15%, and in light of the mental health examination of the first instance and physical health examination of the first instance and the evidence evidence No. 377.7.

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