손해배상(산)
1. Defendant D’s appeal is dismissed.
2. The costs of appeal are assessed against Defendant D.
Purport of claim and appeal
1..
1. The reasoning for the court’s explanation concerning this case is as follows, and the part of the judgment of the court of first instance concerning the Defendants in the first instance as stated in the reasoning of the judgment, i.e., Articles 1, 2, and 420 of the Civil Procedure Act, i.e., Articles 420 of the judgment of the court of first instance, i.e., adding or adding part of the judgment of the court of first instance as follows.
【Lease or an additional part】 The fourth page 14 of the 4th page “Lease” is regarded as “leased.”
In full view of the evidence adopted earlier, evidence No. 11, and evidence No. 13, Defendant D could be recognized at the time of the instant accident as the actual owner of the instant excavation season. Thus, Defendant D is deemed as F’s employer (see, e.g., Supreme Court Decision 94Da3872, Apr. 7, 1995).
The Court of Justice set forth in Part 17 of the 4th page is "D."
Part 6 of the 8th page is that "a chief mediator's license" is "a chief pilot's license".
Part 6 of the 10th page “...............” The following shall be added:
【Defendant D’s assertion that the amount of male income should be applied among “construction and extraction machinery operator” under the career of less than one year according to the report of the fact-finding survey by type of employment issued by the Ministry of Employment and Labor. As such, since the calculation of the lost profit of a victim by tort is predicted of an uncertain future fact, it is necessary to calculate the reasonable and objective estimated income based on the specific circumstances revealed in the relevant case (see, e.g., Supreme Court Decisions 98Da15989, Aug. 21, 1998; 90Meu13809, Nov. 13, 1990). The income of male among “construction and extraction machinery operator” under the career of one year based on the fact-finding survey report by type of employment as seen above should also be calculated based on the ordinary wage of the ordinary worker under the report of fact-finding survey.