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(영문) 서울중앙지방법원 2017.07.21 2016나80603

손해배상(자)

Text

1. Of the judgment of the court of first instance, the part against the Plaintiffs, which orders payment below, shall be revoked.

Reasons

1. The reasons why the appellate court should explain this part of the liability for damages are as follows: (a) 5 or 9 of the first instance judgment [based on recognition] shall be deemed as “5, 7, 9” in addition to the fact that “5, 7, and 9” in the said judgment is deemed as stated in the first instance judgment; and (b) see it as it is in accordance with the main sentence of Article 420 of the

2. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 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 information: The same is as indicated in the “basic matters” in the annexed sheet for calculation of damages: 2) The deceased provided work for night cleaning services at the time of the accident by entering into a labor contract with the Newsung F&C Co., Ltd. (hereinafter “Nonindicted Company”) and obtained income of KRW 1,170,000 per month from the non-party company. In light of all the circumstances indicated in the records, such as the age and work period of other workers who entered into the labor contract with the non-party company, the deceased’s age (61 years old) and health conditions, etc., the deceased would have been able to provide labor by renewal of the existing labor contract with the non-party company for five years from the date of the accident in this case, and obtain income of KRW 1,170,000 per month.

(iii) Cost of living: 41,694,510 won (Calculation shall be the same as the statement in the calculation table of damages).

B. On September 26, 2017, the Deceased’s Retirement Allowance was working for the non-party company from the date of the instant accident until September 26, 2017, and was 5,850,000 retirement allowances (i.e., KRW 1,170,000 x 5 years) on the expiration date of the said operation period. However, when the said retirement allowance is calculated at the present price at the time of the accident, KRW 4,680,000 = 5,850,000 x 5,850,000.