손해배상(자) 청구의 소
1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order shall be revoked.
1. The court's explanation of this case is identical to the reasoning of the judgment of the court of first instance, except for the following cases. Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The calculation table of damages in the attached Form of the judgment of the court of first instance shall be replaced by the calculation table of damages in the attached Form of the judgment of the court of first instance.
The 4th to 17th parallels in the judgment of the first instance shall be followed as follows.
The Plaintiffs asserted that “(A) the lost income should be calculated on the basis of the unit cost of the trial wage of construction machinery drivers based on the report on the actual condition of construction business wages until he attains the age of 65. On the other hand, the Defendant asserts that the amount of the income reported by the deceased to the tax authorities falls short of the standard of the daily average wage, and thus, the daily average income should be calculated on the basis of the urban daily wage. On the other hand, the deceased, as the owner of K concrete mixed truck, is the owner of the construction machinery rental business on February 13, 2003, after completing business registration as the construction machinery rental business on the part of the deceased (hereinafter “J”).
() Upon entering into a transportation contract with a construction machinery driver, the deceased worked as a ready-mixed engineer until the time of the instant accident. From December 2014 to December 2017, it appears that the J actually received an amount equivalent to KRW 5,00,00 per month after deducting the maintenance fee, land entry fee, food expenses, value-added tax, and tax fees, etc. from the J during transportation costs. The deceased’s age does not seem to have any health problem that was 59 years old at the time of the instant accident and could not continue to work as a construction machinery driver, and the ordinary maximum working age of urban workers is 65 years old, considering that the deceased was 65 years old, it is deemed that the deceased earned a considerable amount of statistical income of the construction machinery operator’s construction industry until the age of 65, and that it was calculated based on that basis. The judgment of the first instance court below was based on the following results: