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(영문) 대구지방법원 2016.02.17 2014나305659

손해배상(자)

Text

1.The judgment of the first instance shall be modified as follows:

The counterclaim Defendant 10,463,573 won against the counterclaim and 5,000.

Reasons

(a)be calculated in accordance with the simple discount that deducts interim interest;

(1) In a case of damages for a tort, the victim's actual income may be assessed on the basis of the victim's actual income at the time of the accident. If the victim obtained a certain amount of income, it may be assessed on the basis of estimated income including statistical income. If evidence of reliable actual income is not revealed, the victim's actual income shall be assessed on the basis of statistical income for the persons engaged in the occupational category similar to the one in which the victim was engaged (see Supreme Court Decision 2005Da16904, Mar. 9, 206). The plaintiff appears to have obtained a certain amount of income at the time of the accident in this case, but the plaintiff did not submit all evidence of such income. Accordingly, the plaintiff's actual income is calculated on the basis of statistical income based on the fact-finding survey report on employment by employment type in 2011 】 monthly, 4,97, 957 won [Calculation: 3,68, 79, 979, 100, 25 months or more, 20 months or more (3 months of technical experts).

According to the statement in Eul evidence No. 12, the plaintiff is a special-grade engineer in the traffic sector among the construction sector under the National Technical Qualifications Act, and for construction and other special-grade engineers in construction and other fields according to the "Publication of the Results of the Survey on Wage Conditions of Engineering Enterprises", the daily wage is 258,726 won and the average number of working days is 22.5 days.

However, the result of the above 2010 Engineering Enterprise's survey was made according to Articles 7 and 31 of the Engineering Business Promotion Act, Article 14 of the Enforcement Decree of the same Act, and Article 7 of the Price of Engineering Project.