2. Scope of liability for damages

A. The damage of the Plaintiff A’s lost income equivalent to the total appraised value of the capacity to be operated due to the instant accident is based on the facts recognized as follows 1) and the contents of assessment as follows: (a) pursuant to the Hofmanial Calculation Act, which deducts interim interest at the rate of 5/12 percent per month as of the date of the instant accident, the sum of KRW 166,174,928 calculated at the present price as of the date of the instant accident pursuant to paragraph (2).

1) Gender, gender, and date of birth: The Plaintiff A, a man, and a man, has operated a wholesale and retail business of automobile parts in the trade name of “H” from June 9, 2009.

The plaintiff asserts that monthly income should be calculated on the basis of the amount of monthly income reported in 2010, while the defendant asserts that the above amount should be calculated on the basis of statistical income of the persons engaged in the occupation similar to the one in which the victim was engaged, since the amount of contribution to the invested capital is not deducted.

In calculating the lost profits of a person who runs a personal business, it may be calculated according to the ratio of the portion of profit derived from the individual contribution to his business income based on the business income as at the time of an accident, and the personal contribution to his business income may be calculated by deducting his personal, physical and capital gains from his business income.

On the other hand, the amount of damage from actual income of the victim who had earned a certain amount of income at the time of tort shall be calculated based on objective and reasonable data after determining the amount of income actually earned by the victim at the time of the accident. However, the victim is certain.