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(영문) 서울중앙지방법원 2019.05.17 2018나60689

손해배상(자)

Text

1. Of the judgment of the court of first instance, KRW 377,630,036 against the Plaintiff and its related amount from December 18, 2013 to May 17, 2019 against the Defendant.

Reasons

1. The court's explanation of this case is identical to the reasoning of the judgment of the court of first instance, except for the following cases. Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The calculation table of damages in attached Form 1 of the judgment of the court of first instance, and the calculation table of future treatment costs in attached Form 2 shall be replaced by the calculation table of damages in attached Form 1 of the judgment of the court of first instance and the calculation table of future treatment costs in attached Form 2.

The 3th to 4th six parallels in the judgment of the first instance shall be followed as follows.

“2) Income and operating period: With respect to income until it reaches the age of 4,441,14, and 65, the Plaintiff asserts that the income should be calculated on the basis of the reported income in 2013, while the Defendant asserts that the income should be calculated on the basis of the average business income in 2011 and 2012.

In calculating the lost income that a person operating a personal business sustained due to the loss of his/her ability to work, the income of the business entity shall be determined based on objective data to recognize the sales amount, necessary expenses, capital facilities, etc. of the business entity, and the degree of contribution or value of his/her individual labor among them shall be measured and calculated based on such objective data (see, e.g., Supreme Court Decision 88Meu10906, Jun. 13, 1989). From July 1, 2011 to December 31, 2013; the Plaintiff was engaged in the sale business of sports supplies, etc. with the trade name of “E” and was 30,160,000 won (other income for 20,00 won; 56,581 won, other income for 205,581 won, and 135,515,863 won (excluding business income for 201, 32,510, 2781, 2784, 27167).7