beta
Text
1. The Defendant’s KRW 92,654,574 as well as 5% per annum from March 16, 2018 to December 21, 2018 to the Plaintiff.
Reasons
. The plaintiff's assertion that calculated the reasonable and objective lost income is reasonable, and the defendant's assertion on this is without merit.
C) As above, the average wage of the victim who has been taken into account as above is KRW 197,100 after being treated for 56 days from May 17, 2016 to July 11, 2017, and died on July 11, 2016, when calculating the amount of damages during the treatment period of the victim by applying 11,037,60% to the rate of loss of labor ability. = 197,100 won x 56 days x 11,037,60 won x 100% x 100% x 11,037,60 won * because the interim interest does not occur, the monthly income of the victim calculated as the average wage per day under the Labor Standards Act (d) is calculated as KRW 5,913,000 from July 12, 2016 to the date of death of KRW 361,3750,000 from the date of death of KRW 361,3637,500,000.
= 5,913,00 ¡¿ 39.3273 (H coefficient)** 2/3 = 15,028,216 = * still there is a loss that has already occurred *, but I would like to apply the Homan coefficient for the overall period for the convenience of calculation.
C. Total amount of damages (calculated as to the amount of damages after offsetting negligence) 1) - 30% of the deceased and the non-party company’s negligence deduction from active damages (calculated as to funeral expenses and medical expenses : 45,792,467 won (65,417,810 won x 70%) 2) - 30% of the deceased and the non-party company’s negligence deduction from the passive damages respectively - 7,726,320 won (11,037,60 won x 70%) during the treatment period - 108,519,751 won (15,028,216 won x 70%) after the death: 162,038,538 won:
4. Scope of indemnity;
A. The scope of the right to indemnity sought by the Plaintiff is limited to the amount of compensation of the same nature as the above insurance benefits out of the amount of compensation the Defendant should compensate within the insurance benefits paid by the Plaintiff.
(See Court Decision 2001Da80440 delivered on February 26, 2002)
B. The Plaintiff is active among the total amount of damages of the deceased due to the instant accident to the Defendant.