손해배상(자)
1. Of the judgment of the court of first instance, the Defendant 41,750,744 won, Plaintiff B, C, and D respectively are 26,917,162 won and the above.
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 the attached Form of the judgment of the court of first instance shall be replaced by the calculation table of damages in the attached Form of the judgment of the court of first instance.
The fourth to fourteen parallels in the judgment of the first instance shall be conducted in the following manner:
“2) Income and operating period: The deceased set the ordinary maximum working age for the 65 years and 11 months as at the time of the instant accident, but he/she was working as a caregiver until the time of the accident, and thus, he/she was able to obtain income equivalent to KRW 1,150,000 per month, which is 24 months from the date of the instant accident, until December 26, 2018.
3) Cost of living: Calculation of income 1/34: as stated in the column of “actual income” in the attached Form of damages calculation sheet, the sum of KRW 17,502,233.
The five pages of the judgment of the first instance court shall be 3 or less as follows. D.
1) Amount subject to inheritance: 97,502,233 won (=property damage of KRW 17,502,233 80,000 for consolation money of KRW 80,000 for consolation money of KRW 17,502,233): The inheritance amount of Plaintiff A: 3/9, Plaintiff B, C, and D 2/93) Plaintiff A: 32,50,744 won (==97,502,233 x 3/9 x 3/9) Plaintiff B, C, and D: 21,67,162 won (= KRW 97,502,233 x 2/999) respectively.
E. Plaintiff A: 41,750,744 won (i.e., 32,50,744 won for funeral expenses of KRW 1,250,00 for funeral expenses of KRW 1,250,000 for funeral expenses of KRW 8,000 for funeral expenses) Plaintiff B, C, and D: each of 26,917,162 won (i.e., funeral expenses of KRW 21,67,162 for funeral expenses of KRW 1,250,00 for funeral expenses of KRW 4,00 for funeral expenses of KRW 21,67,162 for inheritance)
F. Accordingly, according to the theory of lawsuit, the defendant is reasonable to dispute over the existence or scope of the defendants' obligations from December 27, 2016, which is the date of the judgment of the court of the first instance, as to the plaintiff A's damages amounting to KRW 41,750,74, the plaintiff B, C, and D, KRW 26,917,162, respectively, and each of the above amounts, from December 20, 2016, to December 20, 2019.