손해배상(자)
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. The reasoning for this part of the court’s liability for damages is the same as that of the relevant part of the judgment of the court of first instance, and thus, this part is cited pursuant to 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 the purport of rejecting the claims of the parties, which are not stated separately.
【Ground of Recognition】 Evidence Nos. 1 through 9, Evidence Nos. 1 and 2, the result of the commission of physical examination to the head of G hospital of the first instance court, the result of the order to submit documents to H corporation of the first instance court, the significant fact, the empirical rule, and the purport of the whole pleadings
(a) Personal information on lost income (1): as stated in the column for “basic matters” in the annexed amount of damages calculation sheet.
(2) The Plaintiff asserts that he had earned income in the year 2015 (i.e., KRW 81,474,421 ± 12) while working for H Co., Ltd. at the time of the instant accident. Accordingly, the Defendant asserts that the amount that the Plaintiff received as performance bonus for the achievement of the business objective cannot be deemed as ordinary wages, and that the amount that the Plaintiff received as performance bonus for the achievement of the business objective should be excluded. Accordingly, at the time of the instant accident, the Plaintiff should be deemed to have earned income in the amount equivalent to KRW 4,746,485 (i.e., fixed wage 56,957,824 ± 12).
According to the evidence evidence Nos. 6 and 9, the Plaintiff may acknowledge the fact that the Plaintiff had earned income equivalent to KRW 81,474,421 in 2015 while working for H Co., Ltd., and the above annual income includes bonuses and piece rates, and Article 110 of the Rules of Employment of H Co., Ltd. is the business performance of H Co., Ltd.