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(영문) 서울중앙지방법원 2021.01.28 2020나40220
손해배상(자)
Text

1. Of the judgment of the first instance court, the part against the defendant in excess of the following amount ordered to be paid shall be revoked and this shall apply.

Reasons

1. The reasoning for this part of the judgment of the court of first instance at the occurrence of the liability for damages is the same as that of the corresponding part of the judgment of the court of first instance, and thus, it is acceptable by the main text of Article 420 of the Civil Procedure Act.

2. Except as otherwise stated below within the scope of liability, each item of the Schedule for Calculation of Compensation Amount for Attached Damage shall be the same as that of the corresponding item, 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 governed by the discount law that deducts the interim interest at the rate of 5/12 per month.

In addition, it is the purport of rejecting all the arguments of the parties, which are not separately explained by the parties.

【In the absence of dispute over the grounds for recognition, Gap’s statements in the evidence Nos. 9, 11, 13, and 14, the results of the commission of physical appraisal to the head of the Busan University Hospital, the head of the F Hospital, and the head of G hospital at the court of the first instance, the results of inquiries into the facts about the head of the Busan University Hospital at the court of first instance, the significant facts, the empirical rule, and the purport

A. Personal information 1) Personal information: To be stated in the column for “basic matters” in the attached Form No. 1 for calculating the amount of damages.

2) Operating period: The Plaintiff is a man of the age of 41 at the time of the instant accident, and thus, the Plaintiff is deemed to have operated 65 years of age (such as changes in the average number of years, other social, economic structure, and living conditions, etc.).

3) Income A) The following facts can be acknowledged in full view of Gap evidence Nos. 1, 2, and 13, Eul evidence Nos. 3, 4, and 9 (including branch numbers) and the purport of the entire pleadings as a result of the order to submit taxation information to the head of the Yangsan Tax Office of the first instance court.

(1) From around 2013, the Plaintiff has operated a business producing signboards and advertisements with the trade name “H”. The Plaintiff has operated a business with the business income of 1,959,100 won (the amount obtained by deducting the necessary expenses from the gross income of 14,300,000 to the necessary expenses) from the tax office’s business income of 2013, and 1,370,000 business income for 2014 (the gross income of 10,000,000).

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