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(영문) 서울중앙지방법원 2015.06.26 2014나62779
손해배상(자)
Text

1.The judgment of the first instance shall be modified as follows:

Defendant 1 72,271,587 won and 57,271.

Reasons

1. The reasons why the court should explain this part of the liability for damages are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, thereby citing it as it is by the main text 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 are not stated separately.

(1) Personal data: (1) The Plaintiffs’ assertion (1) during the day from September 15, 2012 to the time of the instant accident, while serving in Embrate Unemployment Co., Ltd., and delivering the goods of the Deceased at night. They are engaged in the cargo driving business in which H food is delivered at night. Since each delivery business is different during the time and continuousness is recognized, it is mutually independent business, and thus, in calculating the lost income of the Deceased, it shall be based on the total income from each work that is compatible with the deceased. Accordingly, in calculating the lost income of the deceased, it shall be calculated based on the average daily wage of the deceased’s 2,70,000 won, which is not the average monthly wage of the deceased’s 2,70,000 won, or the average daily wage of the deceased’s 3,00,000 won, which is the average monthly wage of the deceased’s 2,00 won or the average daily wage of the deceased’s 230,000 won.

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