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(영문) 서울중앙지방법원 2015.08.21 2014나51090
손해배상(자)
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. The reasons why the court should explain this part of the liability for damages are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, thereby citing it as it is by the text 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.

1) Personal data 1: The plaintiff asserts that since the deceased operated a seeds from 1974, the plaintiff's income based on the lost income should be applied 2,561,166 won [the monthly salary 2,183,00 won [the monthly salary / the annual special salary ± the annual salary 4,538,000 won ± the annual special salary ± 12)] which is the statistical income of the man engaged in the food manufacturing industry on the classification of the number of working hours and workers in the 2011 employment type report issued by the Ministry of Employment and Labor.

According to the records in Gap evidence No. 11, the deceased can recognize the fact that he opened a seed on July 15, 199.

However, according to the result of the request of the head of the tax office at the court at the first instance court to submit tax information on the head of the Seoul Hospital at the court at the first instance court, according to the result of the request of the head of the Seoul Hospital at the court at the first instance court for the appraisal of medical records, the deceased reported to the tax authority the income less than urban daily wages since the opening of the seeds as above, which falls under 3,000,000 won in 201, 6,000,000 in 202, 7,300,000 in 203, 7,510,000 in 204, 9,000,000 in 206, 9,000,0000 in 207, 200,000,0000, 209, 2009, 2009, 2000, 2008.

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