2. The defendant's appeal against the plaintiff 2 and the remaining appeal against the plaintiff 1 are dismissed, respectively.

3. The total cost of the lawsuit between the plaintiff 1 and the defendant shall be five minutes, and the remainder shall be borne by the plaintiff 1 and the defendant respectively, and the cost of the appeal between the plaintiff 2 and the defendant shall be borne by the defendant.

The reason why a member should explain this part is the same as the corresponding part of the reasoning in the original judgment, and therefore, it is accepted in accordance with Article 390 of the Civil Procedure Act (the defendant's liability ratio is 65%).

2. Scope of damages.

(a) Actual income:

The lost income loss equivalent to the monetary total value of the lost capacity of the deceased non-party 1 lost due to the instant accident is KRW 14,680,895.

This is based on the following (1) the outcome calculated at the present price at the time of the instant accident according to the reduction rate of 5/12 per annum as follows: (2) the interim interest is calculated at the rate of 5/12 per month.

(1) Facts and evaluation of recognition

(A) Gender: Date of birth of male: March 2, 1970

Age at the time of an accident: 26 years of age;

Name of rental: 43.61 (In the absence of any dispute)

(B) The financial assessment of the base of living and operational ability of the deceased. The deceased was a ship's family residing in the Black Myun (YY) of the People's Republic of China. On April 20, 1991, the period of sojourn was extended on July 13 of the same year after entering the Republic of Korea after obtaining an entry permit for foreigners on April 20, 1991, and entered the Republic of Korea, and continued to stay until July 13 of the same year. After that, without permission to extend the period of sojourn, the deceased was engaged mainly in urban daily work. The urban daily wage of the ordinary part, which the plaintiffs sought, is KRW 31,866, and KRW 34,05 per day after May 196. On the other hand, the average wage of the worker of the same sea forest, which is the original domicile of the above deceased, is KRW 2642 per annum, and the basic amount of the Korean currency wage of the No. 1370, Oct. 10, 1997.

The plaintiffs asserted that the plaintiff should calculate the lost income of the above deceased on the basis of the urban daily wage of the Republic of Korea. As such, the defendant argued that it should be calculated on the basis of the average wage of workers in the original domicile of the above deceased, so if the above deceased was found to have been staying illegally until the date of the accident without permission to extend the period of stay, he was in the position to immediately be subject to deportation pursuant to the Immigration Control Act and the above deceased cannot be ruled out as being able to return to China after a certain period of time since the plaintiff 1 and the mother of the above deceased were residing in China. On the other hand, unlike other foreigners as the above deceased as the Joseon Sapapapo, there is no possibility of acquiring the nationality of the above deceased, and it is reasonable to view that the above deceased's leakage or the plaintiff 2, who had been residing in Seoul Special Metropolitan City on July 16, 192, had been living for a considerable period of time by marriage with a Korean worker for a considerable period of time, and that the damage compensation period of the accident occurred after the date of two years.

(c) Cost of living: 1/3 of the income (or 1/3 of the income has no dispute).

(D) Monthly Operating Number and Operating Period: A person engaged in urban daily labor in the Republic of Korea may operate on 22th of a month, and the operating period of the deceased is until he/she reaches the age of 60 (the fact that there is no dispute or rule of experience).

[Certificate] Evidence Nos. 1 and 2-1, 2, 3, 4, 5, 42-10, 11-1, 2, 4-1, 5-4, 5-2, and 6-1 through 4, 5, and 6-1 of evidence Nos. 11-1, 5, and 6, and the fact-finding with respect to the head of the China Trade Corporation of the Party's Republic of China, the whole purport of the pleading

[Evidence Evidence] Evidence No. 12, Evidence No. 13-1 and 2

(2) mountain.

(A) Between the seasons (if less than a month, less than a month);

From March 24, 1996, for which the Plaintiffs sought 407 months from March 24, 1996 until the age of 60, the maximum working age.

(B) Gyeyangsan (a less than Won is less than Berlim, hereinafter the same shall apply as the plaintiffs seek)

1) Six months from March 24, 1996 to September 23, 1996 for which the plaintiffs seek

gold 31,866 won ¡¿ 22 x 22 x 5.940 = gold 2,764,014 won (the plaintiffs seek from May 24, 1996 to September 23, 196)

2) 18 months from the following day to March 23, 1998

Gold 34,005 won ¡¿ 22 】2 】 (22.8290-5.9140) = gold 8,436,187 won.

3) 383 months from the next day until February 23, 2030

gold 2,642 】 The exchange rate of the hostile won 】10.37 ±12 】 (237.695-22.8290)

= 3,480,694 won

(d) Joint accounts: 14,680,895 won;

(b) Funeral expenses.

Ender: Plaintiff 1

Amount of gold: 1,500,000 won (in the absence of any dispute)

C. Limitation on liability

(1) Liability ratio: 65% (refer to paragraph (1) above)

(2) mountain.

(A) The deceased

Daily income: 14,680,895 won ¡¿ 65/100 = gold 9,542,581 won

(B) Plaintiff 1: Funeral expenses KRW 1,500,000 x 65/100 x 975,000

(d) Public offering;

(1) Amount to be deducted;

(A) Medical expenses: 603,001 won (=1,722,860 won x 0.35) to be borne by the above deceased in proportion to his/her fault, since the Defendant spent 1,722,860 won to the above deceased for the medical expenses.

(B) Damages: 7,00,000 won already paid by the above non-party 4 as part of the damages against the deceased.

(C) Funeral expenses: 600,000 won already paid by the Defendant as part of funeral expenses.

[Evidence] No. 2, No. 3-1 to 4 of the evidence No. 3, and the whole purport of the pleading

(2) Amount after deduction.

(A) The deceased’s lost income: gold 9,542,581 - Gold 7,00,000 - Gold 603,001 won

= 1,939,580 won

(B) Funeral expenses of Plaintiff 1: 975,00 won - gold 600,000 = gold 375,000 won

(e) consolation money;

(1) Reasons for consideration: Ghana, family relations, property and educational degree, circumstances and results of the accident, and other various circumstances shown in the argument of this case.

(2) The amount determined;

Deceased: 25,000,000 won

Plaintiff 1: Gold 5,000,000

Plaintiff 2: Gold 1,500,000

(f) Inheritance relationship;

(1) The deceased’s property heir: the plaintiff 1;

(b) Inheritance amount: 1,939,580 won in lost earnings + 25,00,000 won in consolation money of the deceased; and

=26,939,580 won

[Quasi-Law] The laws of the People's Republic of China, a national of the deceased, pursuant to Article 26 (1) of the Conflict of Laws

[Certificate] Evidence Nos. 1, 2-1, 2-2, 3-1, and 4-1

3. Conclusion

Therefore, the defendant is obligated to pay the plaintiff 1 the amount of 32,314,580 won (26,939,580 won + funeral expenses + 375,000 won + 5,000 won) and 2 the above amount of 1,50,000 won and the above amount of 1,50,000 won to the plaintiff 1 and 2 after the accident date of this case, and as the plaintiff's claim is made after March 25, 1996 to December 10, 197, which is the date of this decision, from March 25, 1996 to December 10, 197, the amount of 5% under the Civil Act and 25% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings. Thus, the plaintiffs' claim of this case is justified within the scope of the above recognition, and the remaining part of the defendant's appeal against the plaintiff 1 and the part against the plaintiff 2 are revoked.

Judges Park Jong-chul (Presiding Judge)