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(영문) 춘천지방법원강릉지원 2019.06.18 2018나32996
손해배상(자)
Text

1. The judgment of the first instance court, including the Plaintiff’s claim that was reduced by this court, is modified as follows.

Reasons

1. The court's explanation on this part is the same as "the occurrence of liability for damages" in the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 shall be discarded;

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, it shall not be accepted that the parties' arguments are not stated separately.

[Reasons for Recognition] In the absence of dispute, there is no significant fact in this court, Gap evidence Nos. 8 through 12 (including paper numbers), Eul evidence Nos. 3 through 6, the result of each physical appraisal commissioned to the head of the first instance court and the head of the J Hospital and the fact inquiry, the result of the order of submission of tax information to the head of the Gangnam Tax Office of the first instance court, the rule of experience and the purport of the whole pleadings.

A. Personal information No. 1) In the damages case due to a tort, the victim's lost income can be assessed on the basis of the victim's actual income at the time of the accident and can be assessed on the basis of estimated income, including statistical income, if the victim has obtained a certain amount of income, and if the victim does not have any evidence of reliable income, it shall be assessed on the victim's actual income (see, e.g., Supreme Court Decision 2015-12-14, Jul. 20, 2005) by the victim's actual income, the victim's lost income can be assessed on the basis of the victim's actual income at the time of the accident, and the victim's actual income can be assessed on the basis of estimated income (see, e.g., Supreme Court Decision 2000Da654, Jun. 4, 2006).

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