Text
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
The defendant.
Reasons
1. The court's explanation of this part of the liability for damages is the same as the corresponding part of the judgment of the court of first instance, and thus, citing this as it is in accordance with the main sentence of Article 420 of the
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.
Personal information on lost income: To be stated in the column of "basic matters" in the attached Form for calculation of damages.
Standard income and operating period: male daily wage in agricultural villages, the number of working days in agricultural villages, three years from the date of the accident in this case, and the plaintiff was engaged in agriculture, but in the construction site at the time of the accident in this case, the plaintiff was able to obtain monthly income equivalent to KRW 895,873 per month, which is the 1/2 degree of ordinary wages in construction site while working in Kim Manufacturing, and thus, the above amount of income should be calculated monthly average income of KRW 2,174,725 per month (=86,989 per day in agricultural village daily wage in the time immediately preceding the accident in this case 86,989 x 25 days), and the period of operation in the future should be calculated on the basis of the actual income of KRW 3,070,589 per month, which is the 5 years (or 3 years after the completion of medical treatment of this case) after the accident in this case.
- If the victim of a tort engages concurrently in business falling under two or more sources of revenue sources at the time of the accident, his/her business operations are compatible independently from one another in light of the nature of each business or the type of work, etc., and only if the victim is not actually engaged in only one business, the victim's actual profit shall be the victim's profit.