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(영문) 서울중앙지방법원 2017.03.24 2016나31175
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is used as follows. Therefore, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Part III through VIII of the judgment of the court of first instance shall be written in the following manner:

【2) The Plaintiffs are the parents of the Deceased, and the Defendant is the insurer who entered into a comprehensive automobile insurance contract with respect to the Defendant Vehicle.

“The computation table of the amount of damages” in Part 8 of the judgment of the court of first instance shall be replaced by the number of pages 8 of this judgment. The amount of the contract annual salary from March 1, 2014 to February 28, 2015 of the deceased’s income and retirement age from March 1, 2014 to February 28, 2015, including salary including fixed overtime hours, and expenses for day-to-day and night-to-day travel, is KRW 62,920,00 per annum. As such, from the time of the instant accident to February 2, 2035, the deceased was 5,243,33 won per month (=62,920,000 won ± 62,920,000 ± 12 months ± 550,000).

() By the first day of the month following the date on which he/she becomes 60 years of age as stipulated in the rules of employment, benefits that have been reduced by 10% each year as listed in the following table due to the enforcement of the wage peak system shall be recognized as the income of the person who becomes 60 years of age. The monthly wage for the period (the original non-paid amount) 4,718,995, 5, 243, 333 x 0.9 x 0.9 x 4, 247, 2495, 5, 2433 x 0.81 x 0.81 x 3.28.3. 28. 3, 2038; 827, 635, 243, 243 x 35, 2039 x 30.6. 38. 293 x 5. 36. 2039

3. 1. From January to March 1, 2040 to March 1, 2040, the Plaintiffs could have obtained the monthly average of KRW 7,600,50 [=300 won = 40,029,00 won [i.e., salary of KRW 11,616,930 for the same period from January 1, 2014 to June 7, 2014] ± 158 days x 30 days] of the deceased in the future.

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