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(영문) 서울중앙지방법원 2020.04.23 2019나29135
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

Reasons

1. The judgment of the first instance court on the ratio of the defendant's liability for damages is just even if the evidence submitted in the trial is reviewed together.

Therefore, this court's entry of this part is identical to the corresponding part of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

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.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 13, Eul evidence Nos. 1, 2, and 6, each fact inquiry result of the first instance court and the first instance court's judgment against H, and the purport of the whole pleadings

A. Personal information 1) Personal information: as indicated in the attached Table of Calculation of Compensation for Damages: 2) The Deceased is a non-party H Co., Ltd. (hereinafter “non-party bank”) on August 1, 2015, on August 1, 2015.

(B) After entering into a labor contract with the non-party bank, the non-party bank worked until the time of the instant accident. According to the Rules on the Specialized Employment of the Non-party bank, the deceased’s retirement age is 60 years, so the deceased’s income of KRW 4,679,99 per month (=56,159,90 won/12 month) on the basis of the fixed wage under the above labor contract until the date when the deceased reaches 60 years of age, the deceased’s income is deemed to have been earned on the basis of the fixed wage under the above labor contract. The deceased’s annual salary from April 1, 2016 to the date when the deceased reaches 65 years of age shall be calculated by applying the daily wage of the urban ordinary person (B). However, in the absence of the instant accident, the plaintiffs asserted that the monthly salary of the deceased would be increased to KRW 70,872,157,

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