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(영문) 서울중앙지방법원 2020.11.20 2018나67109
손해배상(자)
Text

1. The judgment of the court of first instance is modified as follows.

The defendants are jointly and severally liable to the plaintiff for 35,255,367 won and 29.

Reasons

1. The reasoning for this part of the court’s liability for damages is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act

2. Except as provided below within the scope of the liability for damages, the items in the separate sheet of calculation of 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.

At the time of the accident, the amount of damages shall be calculated at the rate of 5/12 percent per month to deduct interim interest.

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

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 through 15, Eul evidence Nos. 2 through 10, the result of the physical commission to the K Hospital Head of the court of first instance, the result of the physical commission to the K Hospital Head of the court of first instance, and the result of the fact inquiry, the result of the commission to the NAssociation Medical Appraisal Board of the court of first instance, the result of the request to the NAssociation Medical Appraisal Board of this court, the purport of this court

A. The Plaintiff’s personal information 1) : The Plaintiff asserts to the effect that the amount of income and operation period as stated in the “basic matters” table for calculating the amount of damages in the annexed sheet for calculating the amount of actual income: (a) the Plaintiff was engaged in the clothes design and wholesale business at the time of the instant accident, and obtained a total of KRW 6,955,498 from a business entity, such as F, G, and H, thereby having to calculate the amount of actual income.

However, there is insufficient evidence to acknowledge that the entries of Gap evidence 7-1, 2, 8-10, 12-1, 2, 13-1, 16-13, 19-1 through 6, 19-1 through 3, 20-1 through 3, and 21-21 are having obtained the same amount of income as the plaintiff alleged, and there is no other evidence to support it. Thus, the plaintiff is equivalent to the daily wage (22 days of operation per month) of an ordinary part of the urban area.

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