(영문) 서울중앙지방법원 2019.11.22 2018나82542

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 서울중앙지방법원 2019.11.22 2018나82542

손해배상(자)

Text

1. All appeals filed by the plaintiffs and the defendant are dismissed.

2. Of the appeal costs, 10% is the Plaintiffs, and the remainder.

Reasons

1. The reasoning of the court's explanation concerning this case is the same as the reasoning of the judgment of the court of first instance, except for the addition or dismissal as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. A statement of calculation of damages in the attached Form of the judgment of the court of first instance, which is added or added, shall be replaced by the attached Form of the judgment of the court of first instance.

The following shall be added at the fifth 15-round end of the judgment of the first instance.

As to “A”, the Defendant asserts that the deceased’s actual income should be calculated on the basis of the highest annual income of KRW 15,000,000 (monthly 1,250,000) among the incomes reported to the tax authorities by the deceased. However, the Defendant’s assertion that there is no special reason to acknowledge that the actual income should be calculated on the basis of the reported income to the tax authorities. Accordingly, the Defendant’s assertion is rejected as follows: (a) if the ordinary labor wage at the time of the closing of argument exceeds the actual income at the time of the loss of labor capacity, barring any special circumstance, if the ordinary labor wage at the time of the closing of argument exceeds the actual income at the time of the loss of labor capacity, it shall be calculated on the basis of the selected labor wage; and (b) the special circumstance shall be attested by the alleged labor authority (see, e.g., Supreme Court Decision 94Da31334, Feb. 28, 195).

[f] Inheritance-Related Plaintiff A’s sole inheritance of KRW 150,668,010 for the deceased’s damages (=property damages of KRW 120,668,010 for 30,000 for consolation money

G. According to Article 5(1) of the Guarantee of Automobile Accident Compensation Act and Article 3(1)1 of the Enforcement Decree of the same Act, the liability insurance amount in the case of a death accident shall not exceed 150,000,000 won.

Therefore, the defendant shall be limited to the above limit amount.

참조조문

-민사소송법 제420조

-자동차손해배상 보장법 제5조 제1항

-자동차손해배상 보장법 시행령 제3조 제1항 제1호

참조판례

-대법원 1995. 2. 28. 선고 94다31334 판결

유사 판례

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