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 scope of the judgment of this court in the first instance court, while claiming for damages for tort against the Defendants, the Plaintiff claimed KRW 105,393,180 from the lost income, KRW 33,51,550 from the treatment expenses and the support expenses, KRW 10,000 from the Plaintiff’s claim against the Defendants. The court of first instance dismissed the Plaintiff’s part of the lost income, partly accepted the treatment expenses and the support expenses, and partly accepted the part of the consolation money.
As a result, only the plaintiff appealed on the actual income of KRW 30 million among the lost part, the object of this Court's adjudication is limited to this part.
2. The court's explanation on this part of the basic facts is the same as the entry of one of the grounds for the judgment of the court of first instance in the part of "recognition of Facts" under Article 420 of the Civil Procedure Act. Thus, the court's explanation on this part is acceptable in accordance
3. The assertion and judgment
A. 1) From August 3, 1985, the Plaintiff operated the “I restaurant” located in Busan Shipping Daegu, Busan. From November 19, 2014 to March 6, 2015 due to the instant accident, the Plaintiff had been forced to employ another person due to the instant accident, for the duration of hospitalization from November 19, 2014 to March 6, 2015, applying 100% of the monthly average sales of the said restaurant, and the amount equivalent to 10% of the monthly average sales from November 19, 2015 to November 19, 2015, which is 76 years of age. As such, the Plaintiff claimed payment of KRW 30 million and delay damages therefrom. 2) Even if the said sales amount is not recognized as a daily income, the Plaintiff did not have any choice but to employ another person due to the instant accident.
Therefore, from November 9, 2014, the date of the instant accident, to the time when the Plaintiff goes to work again, KRW 33,600,000 for the 14-month period from November 9, 2014 (=80,000 won x 30 days x 14 months) is recognized as actual income. Therefore, the Plaintiff seeks payment of KRW 30,000 among them.
B. Determination 1.