손해배상(자)
1. Of the judgment of the court of first instance, the defendants exceeding the amount ordered to be paid below to the plaintiff A.
1. The reasoning of the court of first instance’s explanation as to the instant case is as follows, except for the addition of the following '2. Additional Judgment' as to the allegations made by the Defendants or the Defendants in this court, and therefore, it is consistent with the reasoning of the judgment of the first instance. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act
[Supplementary Rule] No. 4 of the first instance court's decision shall be followed as follows.
(4) Calculation: The actual income damage suffered by the victim who lost labor ability due to a physical disability caused by a tort of KRW 41,046,643 shall be calculated based on the income at the time of the tort, in principle, at the time of the occurrence of the damage. However, if the income which is the basis of the lost profit has been increased between the time of the closing of argument at the trial court, then the loss shall be calculated based on the income which is the nearest at the time of the closing of argument at the trial court. Such loss constitutes ordinary
In addition, if the actual income of the victim is assessed based on statistical facts, such income shall be determined by taking into account various circumstances that are shown in various statistical data, including significant facts, in relation to such income, and reasonable fact-finding should be conducted by eliminating other appropriate data.
(see, e.g., Supreme Court Decision 2002Da30275, Sept. 24, 2002). In light of the above legal principle, the standard amount of calculating lost earnings of Plaintiff A is based on 102,628 won, which is a significant fact to this court, on the basis of the unit price of ordinary wage of the ordinary worker stated in a report on the investigation of actual wage conditions of construction business applied during the first half of 2017, based on the unit price of 102,628 won, which is a substantial fact to this court. If it is calculated that the daily income is operated every 22 days per month, the daily income is 2,257,816 won per month (=102,628 won x 22 days)
Part 6 through 9 of the decision of the court of first instance shall be followed as follows.
(3) Future treatment costs: 8,743.