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(영문) 부산고등법원 2018.09.20 2018나51587

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff who ordered additional payment to the defendant B shall be revoked.

Defendant.

Reasons

1. The grounds for this part of the underlying facts and the parties’ assertion are as stated in the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the claim against the defendant B

A. The grounds for this part of the court’s limitation on the occurrence of liability for damages and liability are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure

B. In addition to what is separately provided under the scope of damages, the calculation of the current value of each item on the calculation table of damages shall be in accordance with the simple interest rate which deducts the interim interest at the rate of 5/12 per month at the time of the accident of damages, and it shall be deemed to have rejected any of the parties' arguments.

Personal information on the recognition of passive damage: The maximum working age of a male male who turns 60 years: until April 19, 2028: on February 8, 204 (name 26.85, April 10, 2017, the date of physical appraisal): The rate of loss of labor capacity: 100% income: The plaintiff claims that the average amount of painting's income is lost income. However, according to the result of the fact-finding of the court of first instance, the income reported by the plaintiff was 15.12 million won in year 2014 and 19.9 million won in year 2015.

However, if the actual income is less than the daily wage of an ordinary worker, the actual income can be calculated on the basis of the daily wage of the ordinary worker, considering that the probability that the actual income is engaged in the general labor is very high. Therefore, the plaintiff's monthly income shall be calculated on the basis of the daily wage of the ordinary worker.

The amount of damages is to correct errors in the application of the unit wage rate in the first instance judgment of KRW 277,922,238.

12015-09-11 201-10 94,338 222,075,436 10% of the monthly income loss rate of 1 m1 m2 m1 m2 m1-2 m1 m1 m1-10 m2 m2 m2 m2 m2 m2 m36 4.9588 04.