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(영문) 창원지방법원 2017.09.14 2017나52105
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. The reasons why the court should explain this part of the claim for damages are as stated in the corresponding part of the reasoning of the judgment of the first instance, except where the “net A” of the first instance judgment as “the network I” is deemed as “the network I”. Thus, this part of the judgment of the first instance is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2.In principle, the period of time below the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than 10 won 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.

Unless there are special circumstances to deem that no one had a certain occupation on the deceased’s lost income (the entry of No. 4-2 of the evidence A alone is insufficient to recognize that I operated the restaurant, and there is no other evidence to acknowledge it). A person, barring any special circumstance to deem that no one had an import in the future, would have obtained income from the amount of ordinary wages according to the gender and age (see Supreme Court Decision 66Da1504, Nov. 23, 196). Thus, even though the deceased exceeded 60 years of age at the time of the accident in this case, the deceased was deemed to have been at the time of the accident in this case.

However, it is reasonable to view that the deceased, who had resided in rural areas, could have earned income equivalent to the daily wage of rural communities for the next two years.

1. 0. 1. 20. 3. 1. 6. 4. 2. 4. 4. 1. 4. 6. 4. 6. 2. 3. 5 m. 1. 4. 4. 2. 4 m. 4. 4. 1. 5 m. 4. 2. 1.2,2015 2.5 2,55 3. 1.95 0. 1,696, 57 2015- 37 20. 36. 7. 36. 36. 46. 7. 36. 205 m. 1. 7. 36. 46. 7. 36. 205 m. 1. 425 2, 425 3. 3. 43. 1958 10. 305 25. 38- 164. 7. 38

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