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(영문) 서울중앙지방법원 2018.05.08 2017나2877

손해배상(자)

Text

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

Reasons

1. The reasons for this part of the claim for damages are as stated in the corresponding part of the judgment of the court of first instance, except for the addition of the following contents to the third 17th 17th e.g., the reasoning for this part of the judgment of the court of first instance. As such, it is acceptable in accordance with the main sentence of Article 420

“(Plaintiff B claimed in the statement of grounds of appeal that the negligence of Plaintiff A should not be considered in determining the amount of damages of Plaintiff B, but if the Defendant did not deduct the portion of Plaintiff A from the amount of damages in this case, the Defendant withdrawn the claim on the pertinent portion from the date of the third pleading in the trial. Accordingly, the Defendant stated that the Defendant would not exercise the right to indemnity in the future against the Plaintiff. The first instance court does not further determine whether the so-called victim’s negligence was applied).”

2. Scope of liability for damages

A. In addition to the scope of the Plaintiff’s damage compensation liability with respect to Plaintiff A’s injury, it is identical to each corresponding item of the damages calculation table, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis. However, where there is a change in statistical income during the monthly unit period, the statistical income during the forward period shall be applied, and the amount 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 rejected that the parties' arguments have not been presented separately.

1) Personal information on lost earnings: Attached Form (1) stating the “basic matters” column of the damages calculation sheet.

B. In full view of all the circumstances such as Plaintiff A’s occupation and career, Plaintiff A’s report on the actual status of labor by employment type was 13. The career career and career of Plaintiff A among the occupations.