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(영문) 서울중앙지방법원 2016.07.22 2015나5926

손해배상(자)

Text

1.The judgment of the first instance, including a claim extended and reduced in the trial, shall be modified as follows:

The defendant.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is used as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried. (1) Parts V through VIII of the judgment of the court of first instance shall be dried as follows:

Of the art majors in the 2013-2014 Pream Report, the annual salary USD 37,400 for new employees (a bachelor’s degree, five years’ career) (i.e., USD 37,400 x US$ 37,400 as of May 4, 2013, the date of the instant accident x USD 1,097.00 / KRW 1,097.00 as of May 4, 2013) shall be deemed as the deceased’s annual income and calculated the monthly net income based on the deceased’s annual income (3,418,983 (i.e., KRW 41,027,80/12, and less than KRW 41,00). Since Article 394 of the Civil Act provides that the applicable law to the instant tort shall be governed by the law of Korea, Article 394 of the Civil Act provides that damages shall be compensated for at the time of the occurrence of the Plaintiff’s damages claim in foreign currency, barring special circumstances.

On the other hand, the Plaintiff could have earned income (Evidence 64) equivalent to USD 112,030 equivalent to USD 112,030 equivalent to the annual wage statistics of the United States Labor Statistics Office (U.S.) in 2014.