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(영문) 서울중앙지방법원 2020.08.28 2020나12232

손해배상(자)

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order shall be revoked.

Reasons

1. The reasoning for this part of the court’s liability for damages is the same as that of the relevant part of the judgment of the court of first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 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.

Personal information 1) Personal data: as stated in the column for “basic matters” in the annexed sheet for calculation of damages: Income and operating period: Urban Ordinary Additional Wage and Until he reaches the age of 65 [the Plaintiff has operated a siren business from November 2008 to the deceased, and the J (hereinafter “J”) at the time of the instant accident.

) The Defendant asserts that the statistics income amounting to 8,454,000 won per month shall be applied for 10 years or more of the “13. Work (J) career experience and customer service management position” under the classification of “13. Work (J) career experience and gender for each type of employment in 2018.” The Defendant asserts that there is no evidence that the deceased had obtained income equivalent to the above statistics income, and that the actual income should be applied to the city ordinary wage. In calculating the lost income of the business income earner, the daily income should be limited to the income amount corresponding to the remuneration for work, and thus, the part of the property income and the human and physical expenses among the total business income of the business income of the business income earner should be excluded. Ultimately, the labor and other personal contributions of the business proprietor are only losses (see Supreme Court Decision 2017, Feb. 28, 1997).