손해배상(자)
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
2...
1. As to the occurrence of liability for damages, the relevant part of the reasoning of the first instance judgment shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. In addition to the parts stated below within the scope of liability for damages, it shall be as stated in the separate list of damages calculation, and it shall be rejected unless the parties' arguments separately do so.
In principle, the period for the convenience of the calculation shall be in the monthly unit, but the period of less than the last month and less than KRW 1 shall be discarded.
The current price calculation at the time of the accident shall be based on the discount method that deducts interim interest at the rate of 5/12 per month.
[Ground of recognition] Facts without dispute, Gap 1, 3, 6, 17 evidence (including paper numbers), Eul 6 evidence, each of the results of physical appraisal commissioned to the F Hospital of this Court and the results of fact inquiry, the rule of experience and the purport of whole pleadings
A. On-the-job income: 8,302,679 won 1) as indicated in the “basic matters” column for calculation of the amount of compensation for damages attached to the personal information. 2) Income and operation period asserted that the Plaintiff should apply the type of molded wages in the construction business wage survey report. However, at the time of the instant accident, the Plaintiff was a type of molded professional engineer at the time of the instant accident.
There is no objective evidence to identify the income actually earned or actually earned, and there is not sufficient evidence to recognize the income that the plaintiff's above wage can be obtained in the future only with the evidence 1 to 6 of Gap evidence 8.
However, in consideration of the fact that the Plaintiff was engaged in interior fishing at the time of the instant accident, income to be the basis of lost earnings shall be calculated based on the wages of the working party on the instant report. The number of working days shall be calculated on April 22, 2025, when the date of operation reaches 60 years of age.
3. Labor capacity loss rate: 100% applies only to the date of the accident and the period of hospitalized treatment. As a result of the physical appraisal of the plaintiff, the appraiser G of the first instance court shows that the plaintiff shows the range of co-control movement of 115∑ 137∑ 137° 200.