손해배상(자)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. The reasoning of the court’s explanation concerning this case is as stated in the judgment of the court of first instance, except for the addition of judgment according to the following Paragraph (2). Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
(2) The court below's determination of facts in the judgment of the court of first instance is just, and there is no error as alleged in the ground for appeal by the plaintiff, even if each evidence submitted by the plaintiff to the court of first instance which was duly admitted and investigated by the court of first instance was added.
A. Since the Plaintiff’s assertion D’s active damages, such as medical expenses incurred from the instant accident, are expected to be paid to D through the Plaintiff, KRW 5,00,00,00 paid by the Defendant to D shall not be appropriated for KRW 20,550,010 of the insurance money that the Plaintiff paid to D, but ① KRW 4,297,657,657, and ② KRW 1,760,000 recognized for D pursuant to the insurance terms and conditions (Evidence A) based on daily workers’ wages, should be appropriated for KRW 1,50,00 of the insurance money that the Plaintiff paid to D.
B. Determination 1) First, as to the assertion that the Defendant’s agreed amount paid to D should be appropriated for damages equivalent to the lost income due to the instant accident in D, the court should determine whether to grant the maximum working age according to the empirical rule by examining all the circumstances, such as the average remaining life, economic level, employment conditions, etc. of the citizens, and the population of workers by age, employment rate or labor participation rate, working conditions by occupation and retirement age limit, etc. in addition to the social and economic conditions such as the average remaining life, economic conditions, etc. of the citizens, and the number of employees by age, employment rate, working conditions by age, and retirement age limit by occupation, etc. (see, e.g., Supreme Court Decisions 8Da16867, Dec. 26, 1989; 96Da37091, Nov. 29, 196; 96Da4169, Dec. 23, 197).