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(영문) 서울중앙지방법원 2016.07.21 2014나27592
손해배상(자)
Text

1.The judgment of the first instance shall be modified as follows:

The Defendants jointly do so to Plaintiff B, 81,168,682, and Plaintiff B.

Reasons

1. The court's explanation on this part of the claim for damages is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Scope of liability for damages

A. In addition to those stated separately below the scope of the liability for damages against the deceased, each of the corresponding items in the Schedule of Calculation of Damages (A) shall be the same as that of the corresponding item, and the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, it is rejected that the parties' arguments are not stated separately.

(1) Personal information on lost income: The name of the deceased is estimated to be about 3.2575 years when compared with the normal person on the basis of the date of the accident. As such, the life expectancy of the deceased is presumed to be about 75% reduced as of February 17, 2012. B) monthly income and operating period of 3,370,072 shall be deemed to be the age of 70 years at the time of the accident, but the deceased shall operate the “H family department” in 2005, and shall operate the “H family department” in 34,122,638 won, 35,431,732 won in 206, 38,411,363 won in 207, 363 won in 208, 47,497, 197, and 201.

In addition, the amount of the above income reported to the tax authority is the amount calculated by deducting the necessary expenses such as nurse personnel expenses from the sales amount. The amount of the business income of the deceased in 2008, which belongs to the date of the accident in this case, increased compared to the previous year, but the amount of income has been continuously increased since 2006, and the increase rate has not been much significant since 2006.

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