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(영문) 창원지방법원 2021.02.18 2018나58223
손해배상(산)
Text

In this Court's order No. 1 and No. 2 of the first instance judgment, including a claim extended and reduced in this Court, against the plaintiff.

Reasons

1. The reasoning for the court’s explanation on the facts, the summary of the parties’ assertion, and the existence of liability for damages is as stated in the main text of Article 420 of the Civil Procedure Act, except for the following parts, and therefore, the reasoning for the court’s explanation on the existence of liability for damages is as stated in the reasoning of the judgment of the court of first instance (excluding the part concerning Plaintiffs B, C, and D in the first instance trial except for the part concerning Plaintiff B, C, and D). The part in the judgment of the court of first instance, 6.2 of the judgment of the court of first instance, “Ikkk” was cited as “Ikkk”.

2. The summary of the Plaintiff’s assertion regarding the scope of liability for damages is jointly liable to jointly pay to the Plaintiff KRW 197,94,564 [Article 197,9,90 [Article 149,66,30 won in the future operation expenses of KRW 3,68,00 in the future operation expenses of KRW 3,68,748,00 in the future), x Defendant’s fault ratio 70% - (Article 44,176,670 x 30% in the Defendant’s total operation expenses of KRW 3,668,00 in the future) x 70% in the Defendant’s fault ratio (Article 44,176,670 x 30% in the Plaintiff’s fault ratio)] and delayed damages.

3. Determination on the scope of liability for damages

(a) On-site income: male, date of birth, I, the date of accident: July 27, 2014; age at the time of the accident: 53 years old: 27.91; 65 years old; 65 years old; b) income from August 1, 2017 through August 31, 2019; and c) actual income from July 31, 2017 through August 31, 2017 to July 31, 2017 from the date of the accident;

According to Gap evidence No. 13-1 and No. 2 applied monthly 2,834,407, the plaintiff's average wage at the time of the accident in this case is recognized as 2,834,407 won per month (i.e., daily average wage of 93,186 won x 365 days ± 12 months, and less than won) and thus, the above provision shall apply.

From September 1, 2019: As from September 1, 2019, the ordinary wage applied from September 1, 2019, the ordinary wage exceeds the average wage of the Plaintiff as seen earlier, the ordinary wage applied.

(C) The rate of loss of power power:

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