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(영문) 춘천지방법원 2017.11.01 2016나53309
손해배상(산)
Text

1. Of the judgment of the court of first instance, the part against the defendant regarding the portion exceeding the amount ordered to be paid below.

Reasons

1. Basic facts and

2. The reasoning of the court’s judgment regarding this part of the liability for damages is the same as the reasoning of the judgment of the court of first instance, except for partial revision or addition of the reasoning of the judgment of the court of first instance as follows. As such, this part is cited by the main text of Article 420 of the Civil Procedure Act

The 3th 6th 7th 6 and 7th 7th 2017 of the first instance court’s judgment “An appeal is pending in the appellate court (Sacheon District Court 2016No486).” The appellate court (Sacheon District Court 2016No486) rendered a judgment dismissing the appeal on August 9, 2017. The Defendant and I appealed, but the appellate court (Supreme Court 2017Do1305) made a decision dismissing the appeal on October 17, 2017, and said judgment became final and conclusive around that time.”

B. Subsequent to the fifth fifth and sixth parallel acts in the judgment of the court of first instance, “(the defendant asserts that there was negligence in failing to notify the defendant of the above injury even to the extent that it was probable that the deceased had gone to the front part of the accident and did not properly handle the brakes, etc. of this case. However, it is difficult to conclude that there was an injury to the extent that it would hinder the deceased in driving of the instant log, or that there was an obligation to inform the defendant thereof, and there is no other evidence to acknowledge it)”.

3. Scope of damages.

A. Personal information 1 of the deceased’s lost income (if the deceased’s lost income is less than KRW 2,768,060) is as indicated in the following calculation table: 2) income and operating period: The deceased at the time of the instant accident until he reaches the age of 2,768,060 per month, and until he reaches the age of 60, he/she was employed by the Defendant and was employed by the Defendant as a construction machinery driver, and obtained income equivalent to KRW 2,768,060 per month.

3) Cost of living: calculated on a 1/3 basis of income: KRW 258,889,639 as follows:

FK

(b) Limitation on liability: 168,278,265 won (=258,889,639 won x 65%, and servers)

C. The Plaintiffs received the pension from Korea Labor Welfare Corporation as bereaved family benefits.

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