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(영문) 서울중앙지방법원 2019.03.28 2018나58389
손해배상(기)
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the first instance is as follows, except for the following additional determination as to the assertion emphasized or added by the Defendants in this court, the reasoning of the judgment of the first instance is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. 1) With respect to the amount of the Plaintiff’s income, it is difficult to believe the income reported by the Plaintiff to the competent tax office after the instant accident occurred. The Plaintiff’s actual income should be calculated by applying the income that the Plaintiff had earned prior to the instant accident (average of less than 3 million won per month) or by applying statistical income of health professionals less than one year prior to the instant accident. 2) The amount of damages for the victim’s actual income, which the Plaintiff had earned at the time of tort, should be calculated based on objective and reasonable data after confirming the amount of income that the victim actually earned at the time of the accident. In this case, the amount of damages for the victim’s actual income should be calculated based upon the determination of the amount of income that the victim reported to the tax office at the time of the accident (see, e.g., Supreme Court Decision 2007Da52607, Dec. 14, 2007; 2007Da3145, Mar. 14, 2007).

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