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(영문) 서울중앙지방법원 2020.07.09 2019나56328
손해배상(자)
Text

1. The judgment of the first instance court, including the Plaintiff’s claim expanded and reduced in the trial, shall be modified as follows:

Reasons

1. As to this part of the Defendant’s grounds of appeal concerning the limitation of liability, the first instance court’s determination on limitation of liability is just even if the Defendant’s grounds of appeal do not differ significantly from the allegations in the first instance court.

Therefore, this court's reasoning is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

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 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.

In addition, it is rejected that the parties' arguments have not been separately explained.

[Ground of Recognition] The facts without dispute, Gap's evidence 1 through 9, 11, 12, 13, 15, Eul's evidence 1, 3 through 10, and 12 (including various numbers), the results of the physical examination of the head of the court of the first instance, the results of the physical examination of the head of the hospital of the court of the first instance, the significant facts, the empirical rule, and the purport of the whole pleadings

A. Personal information on actual income (1): [Attachment 1] The term "basic matters" in the damages calculation table is as stated.

The Plaintiff’s name of lease appears to have been reduced to the extent of 25% of the general public as of the date of physical appraisal ( June 20, 2018). Accordingly, on December 31, 203, the Plaintiff’s name of lease shall be deemed to have been reduced to the expiration date of the name.

(2) Income: Calculation of the net income [Attachment 1] of the daily wage of an ordinary worker in an urban area (22 days in operation a month), the maximum working age is 65 (3) 100% of the loss rate of labor ability due to the minimum appearance of the disability and labor ability loss rate of the ordinary worker in the urban area, and the permanent disability [Attachment 1] [Attachment 1] of the calculation of the net income [Attachment 1] of the loss amount of daily disability [Attachment 1].

The plaintiff.

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