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(영문) 서울중앙지방법원 2018.03.27 2017나43830
손해배상(자)
Text

1. The judgment of the first instance court, including the plaintiff's claim extended by this court, shall be modified as follows:

Reasons

1. The reasoning for this case by the court of first instance is the same as the ground for the judgment of the court of first instance, with the exception of the following parts, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part of the first instance judgment No. 4, 2 of the part above, 4, 2, 2) income and operation period under the report on the fact-finding survey of construction income, the actual tax rate shall be calculated on the basis of the ordinary wage or reported income, which is not the steel-based worker, in calculating the actual income of the plaintiff 60 years of age, as the plaintiff seeks. The defendant asserts that the actual tax rate shall be calculated on the basis of the actual income of the victim 1, who was receiving a certain amount of income at the time of the accident by objective and reasonable data. In this case, the actual income of the victim 1, who was actually receiving a certain amount of income at the time of the accident, shall be calculated on the basis of the objective and reasonable data. However, if the reported amount of income is determined as significantly low in light of the victim's occupation, age, work experience, etc. or there is no objective and reasonable evidence that the victim actually received other income than the reported amount of income, it shall be assessed on the basis of the victim 30 days of the accident.

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