손해배상(자)
1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked.
1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the following modifications or additions. Thus, it is citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Part 4 of the Judgment of the court of first instance (excluding the Table 2,270.56 of each month), "The 2,270.56 of each month" was changed to "The 373,121 won (=2,70.56 won x 164.33 won) at the exchange rate of December 14, 2018, which is the date of the closing of argument in the court of first instance, shall be converted to 164.33 won per 1,64.33 won per exchange rate (the base rate for sales in the P Bank)," respectively.
The daily income list of the first head of the fifth judgment of the first instance shall be replaced with the following table, and shall be added to the lower part of the list:
The Defendants asserted that “In this case, the Plaintiffs shall deduct all of the balance of the individual fund account, which constitutes the deceased’s basic form of care according to the inheritance ratio as a result of the death of the deceased in the instant accident. The Plaintiffs asserted that this should be deducted from the inheritance ratio. The relevant Acts and subordinate statutes of the People’s Republic of China on the basic old age insurance and the basic amount of care, and the Jininman City Ordinance, which apply to the deceased, are as listed below [see evidence Nos. 12 and No. 6 (including paper numbers)]. The Social Insurance Law of the People’s Republic of China (as the basic form of Chapter No. 35 No. 2 of the Note No. 35 of the Decree, Article 11 of the Social Welfare Fund
Basic Elderly Insurance Fund shall consist of a unit of use, a part of individual payments, and government subsidies, etc.
Article 14 No personal fund account shall be disbursed in advance, and the deposit interest rate shall be more than the rate of time deposits in the bank, and the interest shall be exempted from taxes.
If an individual dies, the balance of the individual fund account may be succeeded.
Article 15 The basic old-age funds shall consist of the old-age funds of the integrated fund and the old-age funds of the individual fund account.
Basic amount of the aged shall be the average wage of individual payment years, payment base wages, local employees, and the amount of the aged.