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(영문) 서울중앙지방법원 2015.08.27 2014나49660

손해배상(자)

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the funds ordered to be paid below shall be revoked.

Reasons

1. The court's explanation on this part of the grounds of the judgment of the court of first instance is the same as the pertinent part of the reasoning of the judgment, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure

2. The scope of the plaintiffs' liability for damages is the same as each corresponding item of the attached Table of the calculation of damages in addition to the following separate statements concerning the plaintiffs' damages, and the period for the convenience of the calculation shall be calculated on a monthly basis, but less than the last month and less than the last won shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, it is rejected that the parties' arguments are not stated separately.

The deceased’s lost income: Personal information of KRW 239,284,452 (1): The same shall apply to the entry in the column of “basic matters” in the attached Form of damages calculation sheet.

(2) The amount of loss of the victim’s lost income, which had been earned a certain amount of income at the time of an accident, shall be calculated based on objective and reasonable data to determine the amount of income actually earned by the victim at the time of the accident. In such a case, when the victim has any income reported to the tax authority, the reported amount of income shall be deemed the amount of income at the time of the accident. However, if objective and reasonable data exist to determine that the reported amount of income is substantially low or that there was any other income than the reported income, only the reported amount of income shall not be deemed the amount of income at the time

(see, e.g., Supreme Court Decision 97Da36507, Dec. 12, 1997) In the instant case, the Health Team, the Deceased, from April 1, 1998, engaged in a motor vehicle dog business under the name of “G” from April 1, 1998. However, the amount of income reported by the deceased to the tax authority was as of 2008, KRW 4,987,332 (average 415,611 per month), KRW 11,364,030 (average 947,02 per month), as of 2009, average 14,114,800 per month as of 2010.