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(영문) 서울중앙지방법원 2018.11.27 2018나37566
손해배상(자)
Text

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

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.

It shall be rejected that the parties' arguments are not separately explained.

[Ground of recognition] A without dispute, Gap evidence Nos. 5 through 8, 11, 12, 13, Eul evidence No. 1 (including paper numbers), the result of physical commission to the head of the Seoul Hospital at the court of the first instance and the result of fact inquiry, the result of an order issued by the head of the tax office at the court of the first instance to submit tax information to the head of the tax office at the court of the first instance, the empirical rule, significant facts, the purport of the whole pleadings, and the actual income: The basic matters stated in the "basic matters" column of the attached Form

The actual income: 5,764,637 won per month - The Plaintiff, as a licensed real estate agent at the time of the instant accident, operated the E Licensed Real Estate Agent Office in Geumcheon-gu Seoul at the time of the instant accident, and according to the Plaintiff’s certificate No. 7, the Plaintiff’s reported income in 2015 is recognized as the Plaintiff’s reported income in 201,287,049 [it is alleged that the Defendant cannot believe that the Plaintiff’s reported income in 2015 was reported after the instant accident. However, according to the evidence No. 12 (including the serial number), the Plaintiff’s total amount of cash receipts issued from January 2015 to the date of the instant accident exceeds KRW 140,00,000, as alleged by the Defendant’s assertion, it is difficult to deem that the reported income in 2015 was falsely reported after the instant accident. As regards this, the Plaintiff’s report on the reported income in 2015.]

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