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(영문) 부산고등법원(창원) 2020.01.16 2018나12677
구상금
Text

1. The Plaintiff’s appeal against the Defendants and the Defendant C Co., Ltd.’s appeal are all dismissed.

2. The appeal costs.

Reasons

The reasoning of the court of the first instance’s explanation concerning this case is as follows: (a) Defendant C Co., Ltd. (hereinafter “Defendant C”) (“Defendant C”) takes over the instant litigation proceedings upon receipt of a decision to commence rehabilitation proceedings as of January 21, 2019, the Changwon District Court 2018 Ma10067, and (b) Defendant C Co., Ltd. (hereinafter “Defendant C”) took over the instant litigation proceedings on June 10, 2019, following the rescission of rehabilitation proceedings on June 10, 2019; hereinafter “Defendant C”). The reasoning of the court’s explanation as to the Plaintiff’s assertion is stated in the reasoning of the first instance judgment, except for the following determination as to the Plaintiff’s assertion as to paragraph (2). Accordingly, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(1) The grounds for appeal by the Plaintiff and Defendant C, excluding the following additional determination, do not differ significantly from the allegations in the first instance trial, and the fact-finding and determination by the first instance court are deemed justifiable even if the added arguments were presented in this court. The NetworkF (hereinafter referred to as “the network”) at the time of the instant accident, inasmuch as it had obtained a certain amount of income by driving a cargo vehicle at the time of the instant accident, thereby calculating the lost income based on the statistical income of the driver of the cargo vehicle in accordance with the construction industry’s wage investigation report, and even if not, the ordinary wage at the time of the instant accident exceeding the deceased’s income reported at the tax office should be the basis for calculating the lost income.

Judgment

The amount of lost income of a victim who has earned a certain amount of income at the time of 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 the reported amount of income is the victim's occupation and the amount of reported income

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