beta
(영문) 서울고등법원 2016.11.03 2015나2076101

손해배상(기)

Text

1. The Plaintiffs’ appeal against the Defendants, Defendant F, G, H, I, J, K, L, M, N, andO, and the Defendant.

Reasons

1. Based on the litigation materials and arguments submitted to the appellate court citing the judgment of the court of first instance, the grounds for the judgment of the court of first instance (such as the law, precedents, interpretation and application of legal principles, recognition of facts and facts requiring proof, and judgment on issues) are sufficiently reasonable.

The reasoning of this Court’s reasoning is as follows, and the reasoning of the judgment of the court of first instance is the same as that of the part of the judgment of the court of first instance. Thus, this Court’s reasoning is cited as it includes a summary under the main sentence of Article 420

(Application of the legal principles on Defendant D and E, who are public officials of the State Compensation Act, is justifiable in light of the State Compensation Act and the case law). 2. Plaintiff B and A claimed the lost income calculated based on the urban daily wage in the first and second half of 2015 from the first and second half of 2015, and the first instance court calculated the lost income based on this. However, Plaintiff B and A claimed the lost income calculated based on the urban daily wage in the first and second half of 2016 and expanded the purport of their claim.

All of the parts used after repair will vary from the basis of calculation of lost income as above.

The 9th parallel 15 to 10th parallel 13 shall be followed as follows:

The deceased’s lost income equivalent to the operating capacity lost due to the instant accident is KRW 310,312,90, which is calculated at the present price at the time of the instant accident, according to the method of deducting intermediary interest at the rate of 5/12 per month, based on the following facts of recognition:

Facts of recognition

Gender: Women: Q and birth date: Q and 14 years old at the time of the accident: The life expenses mutual aid from October 14, 2017 to October 13, 2057, which is the day before they reach 60 years of age: The deceased's 1/3 income of monthly income, as a minor, at the time of the accident of this case, in Yangcheon-gu Seoul.