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(영문) 서울고등법원 2019.05.22 2018나2074229
손해배상(기)
Text

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

The defendants jointly do so to the plaintiffs 51,293,174 won, respectively.

Reasons

1. The reasons why the court should explain this part of the facts, occurrence of liability, and limitation of liability are 0.168% "0.165%" of the 3rd 16th 16th e.g., "04.168%", "04.20% of the 19th e.g., "0. 19th e.," "04. 21 to 4th e.g., the same side. 1st e., "A. e., the part" of the judgment of the court of first instance. Defendant D and E were prosecuted for the crime of occupational negligence due to the instant accident, and they were sentenced to a fine in Suwon District Court Branch of Suwon District Court on Oct. 19, 2018 (No. 2018No6664) and each suspended sentence was sentenced on May 13, 2019 (No. 2018No6664). The judgment of the court of appeal became final and conclusive at that time, "10% of the first e. e. 20%"

2. Matters not stated below the scope of compensation for damage shall be as stated in the attached Form of Calculation of Compensation Amount.

In principle, the calculation shall be made on a monthly basis for the convenience of the calculation, but the amount less than the last month and less than the cost shall be discarded, and the calculation of the current value at the time of the accident of the amount of damages shall be made by the reduction of the interim interest at the rate of 5/12 percent per month.

A. Personal information 1) Personal information: The same shall apply to the entry in the “basic matters” in the attached table for calculating the amount of damages: 2) Income: The probability that if a person employed at a workplace has more ordinary labor than the income he/she had earned at the workplace, it is probable that he/she will be engaged in ordinary labor. Thus, barring any special circumstance, if the amount of ordinary labor calculated at the time of closing argument exceeds the actual income at the time of loss of labor, barring any special circumstance, the deceased shall select the relevant labor wage and calculate the actual income based on it (see Supreme Court Decision 91Da39306, Jan. 21, 1992). B) Since he/she was employed as an production father at the LA on July 12, 2016, the deceased shall calculate the actual income based on it (see Supreme Court Decision 91Da39306, Jan. 21, 192).

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