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(영문) 서울고등법원 2016.12.22 2016나2045357
손해배상(자)
Text

1. Of the part against the defendant in the judgment of the court of first instance, the part against the plaintiffs who fall under the following order of payment.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the court used the last 14 to 7 pages of the judgment of the court of first instance 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.

(A) In addition to the matters stated separately under the scope of the obligation to compensate for damages, the corresponding items in the separate sheet of calculation of damages shall be the same as the corresponding items in the separate sheet of calculation of damages, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but the amount less than the last month and less than KRW 1 shall be discarded. The current value calculation at the time of the accident shall be based on the simple discount method that deducts the intermediary interest at the rate of 5/12 per month. Moreover, the personal information of the deceased shall be excluded from the assertion of the parties. A. The personal information of the deceased is the same as the column of “basic matters” in the separate sheet of calculation of damages.

(b) Income and operating period: Cost of living by the age of 60 (iii) the daily wage by the age of 60: 1/3 of the actual income;

(b) Funeral expenses paid by the plaintiff A: 5,000,000 won (the fact that there is no dispute)

C. Limit of liability: Defendant’s liability of 80% (the above 2-C.)

(d) Mutual aid: 86,754 won (the amount equivalent to 20%, which is the percentage of limitation on the defendant's liability, out of the hospital expenses paid by the Korean Co-Defendant in the first instance trial and the amount equivalent to 433,770 won (aa evidence No. 1));

E. Compensation: In full view of the background of the instant accident, the deceased’s age, occupation, income, etc., the deceased’s KRW 50 million, and the Plaintiff’s KRW 15 million, Plaintiff B, C, and D, respectively.

(f) Amount of inheritance: 170,068,720 won (property damage 120,068,720 won + 50,000,000 won) 56,689,573 won (170,068,720 won x 1/3 equity) inherited portion of Plaintiff A, respectively, 37,793,048 won (property damage 170,068,720 won x 2/9 shares) inherited portion of Plaintiff B, C, and D; and

G. 1) Plaintiff A: 75,689,573 won (56,689,573 won in inheritance) £«.

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