logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.10.12 2015나1048
손해배상(자)
Text

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

The defendant 213,823,047 won and 16,837.

Reasons

1. The reasons why the court should explain this part of the basic facts, the main safety defense, the occurrence of damages liability, and this part of the judgment, are as follows: (a) the last act of the judgment of the court of first instance [based on recognition] other than adding “the images of No. 27 No. 1 through No. 9” to “the evidence No. 27” to “the grounds for recognition” is as stated in the corresponding part of the judgment of the court of first instance, and therefore,

2. A period for calculating the scope of liability for damages shall, in principle, be calculated on a monthly basis, but less than a month shall be included in the side on which the appraised value is less than a month, and less than a won and less than a last month shall be discarded, and the present price shall be calculated at the time of the accident of the amount of damages by the simple discount method which deducts intermediary interest at the rate of 5/12 per month

In addition, if the numerical value exceeds 240, it is limited to 240 in order to prevent excessive compensation.

In addition, a party’s assertion that is not mentioned separately shall be rejected.

In the case of K’s death: (i) The base of the deceased’s lost income in KRW 116,906,827: The date of birth L, gender female, age 50, 80, 30 of August 30 at the time of the accident, and the monetary assessment of operating capacity on May 27, 2048 at the end of the life expectancy: To calculate the lost income by applying the daily wage of the city ordinary person (the daily income table) below.

Living cost deduction: 1/3 [I/3] 【No ground for recognition】 The fact that there has been no dispute, the record in Gap evidence 31, the purport of the entire pleadings, funeral expenses, etc. of plaintiff B: 6,911,410 won: 186,610 won paid to M hospital, and the same month.

8. Funeral expenses of KRW 96,00 and KRW 60,000: 6,724,80, 800, the entry of evidence No. 4 of the ground for recognition of the deceased, the purport of the entire pleadings, offsetting the negligence, and the result: 30% of the deceased’s negligence, the actual income of KRW 81,834,778 (=16,906,827 x 0.7 x 0.7) and funeral expenses (=6,911,410 x 0.7).

Applicant, the deceased and the plaintiffs' consolation money: 45 million won for the deceased, the plaintiff A15 million won, the plaintiff B, and C respectively.

arrow