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(영문) 부산지방법원 2015.04.15 2014나44250

구상금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. The court's explanation on this part of the facts of recognition and the occurrence of liability for damages is identical to each of the statements in Articles 1 and 20 of the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420

2. The scope of liability for damages;

A. The following facts are not disputed between the parties or may be acknowledged by taking into account the fact-finding results and the overall purport of oral arguments at the Busan Immigration Office of the first instance court. The date of birth and gender: the maximum working age on November 19, 2010: Until May 12, 2013, the maximum working age, which serves as the basis for calculating the actual income, is 68 years old: (a) the fact-finding court, who has the authority to conduct fact-finding, conducted an investigation into such circumstances as the average number and economic level of the citizens of Korea; (b) the number of workers by age, employment rate or labor participation rate; (c) the working conditions by occupation, and retirement age limit; and (d) the maximum working age, which can be determined by taking into account the following specific circumstances, including the age, career, work experience, health condition, etc. of the victimized party or the injured party; (d) the maximum working age was determined by taking into account at least 360 years old (see, e.g., Supreme Court Decision 97Da363665, Apr., 2222, 1999).).

Income standard: The annual average monthly income calculated by 22 days of operation based on the unit price of daily wage for urban ordinary workers based on the investigation report on actual conditions of construction business: 67.11% of the disability and labor capacity: 100% from November 19, 201 to May 12, 201, the period of hospitalization, and the period of circulation from May 13, 201 to November 30, 201.