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(영문) 서울중앙지방법원 2015.08.27 2014나45132
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. The court's explanation on this part of the grounds of the judgment of the court of first instance is the same as the pertinent part of the reasoning of the judgment, and thus, it shall accept it as it is in accordance with the main sentence of Article 420

(6:4) 2. The scope of the plaintiffs' damages liability shall be the same as each corresponding item of the attached Table of the calculation of damages in addition to the following separate statements concerning the plaintiffs' damages, and the period for the convenience of calculation shall be calculated on a monthly basis in principle, but 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.

The deceased’s lost income: 308,376,904 won 1): Personal information: as stated in the “basic matters” column of the attached amount of damages calculation sheet: (2) Income and operating period: Until he reaches the age of 60 as urban daily wage.

3) Cost of living: Calculation of income 1/34: as stated in the column of “actual income” in the attached Form of damages calculation sheet.

(that some addition is recognized in the trial). (b)

Funeral expenses: 5,00,000 won (Plaintiff A’s disbursement) asserts that funeral expenses should be recognized only by the Defendant, but the Defendant stated at the first date of pleading of the first instance trial that “No dispute over funeral expenses of KRW 5,000,000” and led to confession of funeral expenses of KRW 5,000,000,000, and there is no evidence to acknowledge that the confession was against the truth, as well as that of the mistake, the above assertion by the Defendant is without merit.

(c) Medical expenses: 2,784,052 won.

D. Limitation of liability: Defendant’s liability 40%

E. The defendant asserts that since the defendant's driver C paid 26,00,000 won to the plaintiffs as a criminal agreement amount, it should be deducted from the amount of compensation to be paid by the defendant. However, the defendant at the first day of pleading of the court of first instance, the defendant's argument that the amount should be deducted from the amount of compensation.

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