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Reasons
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(영문) 대전고등법원 2015.12.09 2014나14380
손해배상(기)
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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following is revoked.

Reasons

1. The reasoning of the court of first instance for the acceptance of the judgment is as follows, except where the statement in paragraph (3) is used as follows, and thus, it is identical to the reasoning of the judgment of first instance. Thus, it is accepted by the main sentence of Article 420 of the Civil Procedure Act.

3. The scope of liability for damages

(a) 1) Calculation of lost earnings: (a) The day of birth of He, gender: I, female (b) occupation and income: H resided in ASEAN, an urban area. The daily wage of an adult female engaged in urban daily work shall be 87,805 won from January 1, 2015, and the number of monthly working days shall be 22 days; (c) the maximum working age shall be 30 days from December 27, 2030 to 60 years of age: (d) on December 26, 207: the life cost of 1/3 deduction (a) in 77.73 years: (e) in the absence of dispute; (b) the daily wage of 1/3 deduction; (c) the statement in subparagraph 11; (b) the purport of calculating the entire pleadings; (d) the daily wage of less than 201-1360% of the total daily living cost of 205 meters; and (d) the amount of less than 201-137.27 meters of the average wage of less than 25 percent per 207.1.25 meters

(b) Funeral expenses: 3,00,000 won (the expenses of the plaintiff A, the fact that the plaintiff did not dispute the defendant).

C. Property damage of H with limitation of liability: 111,918,770 won (=223,837,540 won x 50%) Plaintiff’s property damage: 1,500,000 won (=3,000,000 won x 50%)

(d) Amount to be deducted from insurance proceeds: Calculation of insurance proceeds of KRW 96,120,80 (based on recognition) (2) : 11,918,770 won - 96,120,800 won = 15,797,970 won;

E. 1) The deceased’s age, family relationship, background and result of the instant accident, and other various circumstances shown in the instant argument, which are considered as follows: (i) the net H 10,000,000 won, Plaintiff A, B, and 5,000,000 won, and Plaintiff C2,00,000,000 won

(e) Inheritance relationship 1): 25,797,970 won (=15,797,970 won)

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