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1. The Defendant: KRW 8,777,410 for the Plaintiff and KRW 5% per annum from August 13, 2014 to September 29, 2016.
Reasons
In full view of the evidence Nos. 1 through 27 of the Plaintiff’s evidence Nos. 1 and 27 of the Plaintiff’s personal examination result and the overall purport of the pleadings, the Defendant, around August 13, 2014, sold the Plaintiff into water and salveded the Plaintiff, and thereby, caused injury to the Plaintiff, such as chest scale, cerebrume, etc.
According to the above facts, the defendant is responsible for compensating the plaintiff for damages caused by the tort in Article 750 of the Civil Code.
The Plaintiff asserts that the scope of lost income claimed KRW 40,722,590 as part of a claim for damages equivalent to 60,590,000 won for 24 months during the entire period remaining 14 years up to the age of 75,000,000 of the maximum working age, since the job placement office with net income of KRW 2,50,000 per month was closed down due to the instant injury.
The plaintiff asserted KRW 60,00,000 for lost income, but changed the principal amount of the total claim amount to KRW 49,50,000.
Therefore, the number of passive property damage claims is reduced to 40,722,590 won ( = 49,50,000,000-the amount claimed as medical expenses 1,077,410-the amount claimed as medical expenses 1,70,000- the amount claimed as medical expenses 6,000,000).
The maximum working age, which serves as the basis for calculating lost earnings, shall be deemed to be until the age of 60 according to the empirical rule.
However, in the event that there are extenuating circumstances, taking account of the aforementioned specific circumstances, such as his/her age, occupation, career, and health status, the maximum working age may be recognized to exceed 60 years, inasmuch as he/she is able to operate beyond 60 years of age. The foregoing should be deemed as more so considering the situation in Korea where the economic activities of the elderly are growing than the past.
The plaintiff's 60 years of age is 60 years of age and 9 months of age at the time of being injured.