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(영문) 창원지방법원 2016.08.25 2016나52238

손해배상(자)

Text

1. The plaintiffs' appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

The reasons why a party member of the judgment of the court of first instance states on this case are cited by the main sentence of Article 420 of the Civil Procedure Act, except for adding the following judgments as to the matters for which the plaintiffs asserted again in the court of first instance.

The plaintiffs asserts that the monthly income of the deceased should be calculated on the basis of statistical income based on statistical income based on a report on the fact-finding survey of work by employment type. The plaintiffs asserted that since January 25, 1995, the deceased operated the automobile parts manufacturing industry for not less than 20 years with L from January 25, 1995, it should be calculated on the basis of statistical income of the male and bitr engaged in the manufacturing industry for not less than 10 years based on the report on the fact-finding survey of work by employment type.

The amount of lost income of a victim who has earned a certain amount of income at the time of a tort shall be calculated based on objective and reasonable data after determining the amount of income actually earned by the victim at the time of the accident. In such cases, when the victim has reported to the tax authority, the amount of reported income shall be deemed the amount of income at the time of the accident. However, if there is objective and reasonable data on the fact that the reported amount of income is deemed a significantly low amount in light of the victim's occupation, age, experience, etc. or that there is any other income than reported income, only the amount of reported income shall not be deemed the amount of

In addition, if objective data that can determine actual income at the time of the accident to victims are revealed, and if it is possible to calculate the expected income that is reasonable and objective based on such objective data, the actual income at the time of the accident should be calculated based on the actual income at the time of the accident, and the report on the actual status of employment by type of employment