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(영문) 서울중앙지방법원 2020.05.01 2019나43797
손해배상(자)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The grounds for this part of the claim for damages are as stated in the reasoning of the judgment of the court of first instance, except where “the degree of injury to other passengers” in Part 8 of Part 3 of the judgment of the court of first instance is deemed as “the degree of injury to other passengers”. Thus, this part is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 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 is rejected that the parties' arguments have not been separately explained.

(1) Personal data 1: The amount of monthly income shall be calculated as KRW 2,00,000 and the amount of monthly income shall be calculated as KRW 1,911,290 in the annexed sheet for calculation of damages: 2) The Plaintiff, based on the evidence No. 10 (tax withholding receipt) that: (a) the Plaintiff, at the time of the instant accident, was in charge of accounting affairs at the time of the instant accident; and (b) the average monthly income shall be calculated as KRW 2,00,000 in the amount of monthly income until the date on which he/she reaches age 60; and (c) the amount of monthly income shall be recognized as KRW 1,911,290 in the annexed sheet for calculation of damages (=15,290,320 in the earned income for eight months).

The application (No. 10) of the Act, the application of urban daily wage from the following day to the age of 65, the number of working days is 22th day of each month, and the rate of loss of labor ability) later disability: 13% of the labor ability loss rate due to the limitation on exercise by the right handline, permanent disability [Application of Section 3-A-2 of the Mabro disability Assessment Table, Section 3-A-2 of the handline, and occupational coefficient 5] / [Defendant 8 shall be determined by the Chinese market understanding of the post disability and the first instance court.]

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