손해배상(자)
1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 31,646,484 and KRW 22,653,982.
1. The court's explanation concerning this part of the damages liability is the same as the part concerning "1. The occurrence of damages liability" among the grounds of the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Except as otherwise expressly provided under the scope of liability for damages, the same shall apply to each corresponding item of the attached Table of calculation of damages;
However, for the convenience of calculation, less than an interim period shall be included in the side on which the appraised value is small, the amount less than the won and less than the last month shall be discarded, and the calculation of the present value at the time of the accident in this case shall be based on the discount method that deducts the interim interest calculated at the rate of 5/12 per month.
In addition, the arguments of the parties are rejected.
(1) Personal details of recognition and evaluation (A) : The same shall apply to the column of “basic matters” in the attached Form for calculation of damages.
B) In cases of damages compensation for tort due to occupation and actual income conditions, the victim’s lost income may be assessed on the basis of the victim’s actual income at the time of the accident, and it may be assessed on the basis of estimated income including statistical income. If the victim obtained a certain amount of income, if evidence of reliable actual income is not presented, the victim’s lost income shall be assessed on the basis of statistical income for those engaged in occupational categories similar to the occupational category in which the victim was engaged (see, e.g., Supreme Court Decision 2008Da91180, Jul. 9, 2009). Meanwhile, where increased wage statistical data were submitted after the lapse of the period after the accident, the amount of the lost income shall be calculated on the basis of the increased income after the base date of the data (see, e.g., Supreme Court Decision 92Da2775, Jul. 16, 1993); in light of the above legal principles, the Plaintiff’s health class, and the Korea Gas Safety Corporation’s general education from Jun. 22, 2006.