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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasons for the court’s explanation concerning this case are as follows: (a) the “B” of Paragraph (1) among the reasons for the judgment of the court of first instance is dismissed as “F”; and (b) the reasons for the judgment of the court of first instance are as follows, except for the addition of the following judgments with respect to the matters alleged in the court of first instance; and (c) thereby, the same shall be cited in accordance with
2. Additional determination
A. The defendant asserts that it is unfair to calculate the plaintiff's lost income on the basis of the statistical income of the plaintiff's source of driving experience for at least 10 years without specific evidentiary data on actual income.
However, in a damage compensation case due to a tort, the victim's lost income can be assessed on the basis of the victim's actual income at the time of the accident and can be assessed on the basis of estimated income including statistical income. If the victim has obtained a certain amount of income, if evidence of reliable actual income is not presented, the victim's actual income shall be assessed on the basis of statistical income for the persons engaged in a job similar to the job that the victim had worked (see, e.g., Supreme Court Decisions 2005Da16904, Mar. 9, 2006; 2007Da52607, Dec. 14, 2007). Thus, in this case where the plaintiff's objective data on the plaintiff's actual income at the time of the accident did not exist and there is no way to compute the plaintiff's actual income at the time of the accident, the plaintiff's actual income shall be calculated on the basis of statistical income, and according to the purport of Gap, 4, 5, and 15 (including each number).
Since the fact that private taxi transportation business began from August 11, 201, and the fact that the plaintiff was issued a certificate of accidentless driver due to non-accidentless driving from the Commissioner General of the National Police Agency around May 21, 2015 is recognized, it is ultimately based on the statistical income of the source of vehicle driving for at least 10 years.