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(영문) 서울중앙지방법원 2015.06.04 2014나34996

손해배상(자)

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Occurrence of liability for damages;

A. On May 16, 2013, F driven a G vehicle (hereinafter “Defendant vehicle”) around 09:20 on May 16, 2013, and driven a four-lane road in the vicinity of the Do road of the window of Changwon-si toward the Changwon Station: (a) driving the four-lane road from the Do road of the window of Changwon-si to the Changwon Station; (b) driving the four-lane road at the Do road of the Do road of Changwon-si; and (c) driving the vehicle along the four-lane road at the driver’s attention; and (d) driving the vehicle due to the collision with the network H, which was walkinging the above India, caused the death of the deceased due to a multi-strokeing of the two parts after the occurrence of the accident.

(2) The Plaintiffs are the inheritors of the deceased, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant’s vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 4, 9 (including branch numbers if there are branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

B. According to the above recognition of liability, the defendant is liable for damages suffered by the plaintiffs, who are the children of the deceased and the deceased, due to the accident of this case.

2. Scope of liability for damages

A. The Plaintiffs asserts to the effect that, while the deceased resided in a rural community and owned a rice field and orchard, the deceased was a self-employed farmer who actually engaged in the farming day without any special physical problems, and that, as the insurance company’s recognition criteria for the age of the deceased are two years, the period of operation should be recognized at least two years after the accident.

The maximum working age, which serves as the basis for calculating the lost income of a person who mainly engages in an agricultural or agricultural labor, shall be deemed to be until he/she reaches 60 years of age in light of the empirical rule: Provided, That in extenuating circumstances, such as his/her age, occupation, career, and health status, may be determined even when he/she reaches 60 years of age in light of the foregoing empirical rule, in cases where there are extenuating circumstances that he/she may be able to operate beyond 60 years of age in light

Supreme Court Decision 199Do348 delivered on 197.