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(영문) 서울중앙지방법원 2018.03.13 2017나20196
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order shall be revoked.

Reasons

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

2. In addition to the matters stated below within the scope of liability for damages, each of the corresponding items in the separate statement of liability for damages shall be as follows, and the number of days less than the last month for the convenience of calculation and less than KRW 1 shall be discarded.

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

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 4, 5 (including each number), Eul evidence Nos. 3, each fact inquiry results on the court of the first instance and the court of this case, each fact inquiry results on the clear construction corporation of the court of the first instance, which order the director of the Dongjak Tax Office of the first instance to submit taxation information, significant facts, empirical rule, overall purport of arguments, actual income from the court of first instance, which is the actual income of the victim, can be assessed based on the actual income of the victim at the time of the accident, and based on estimated income, including statistical income, if the victim does not have any evidence of reliable actual income, the victim's actual income from the tort compensation case can be assessed based on statistical income of the person employed in the occupation similar to that of his/her former job.

(See Supreme Court Decision 2008Da91180 Decided July 9, 2009, etc.). In light of the legal principles as seen earlier, the record of health class, Gap evidence No. 4 (including each number), the first instance court, and the court of this case's fact-finding on each of the construction companies clear from the court of first instance, and according to the result of the order of the head of Dongjak Tax Office to submit tax information on the Dongjak Tax Office of the first instance court, the deceased is clear construction from January 2014.

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