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(영문) 서울중앙지방법원 2020.08.13 2019나63005
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff A and B that orders payment below shall be revoked.

The defendant is the plaintiff.

Reasons

1. The reasoning for this part of the judgment of the court of the first instance is the same as that of the corresponding part of the judgment of the court of the first instance, thereby citing it as it is by the main text of Article 420 of

2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, 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 the purport of rejecting all the arguments of the parties, which are not separately explained by the parties.

【Ground of recognition】 The fact that there is no dispute, Gap 6, 10 evidence, Eul 9, 10 evidence, and the purport of the whole pleadings

A. Personal information 1) Personal data of the Deceased’s lost income: 2) The criteria for calculating the income and the operating period of the deceased’s work as a man of 44 years old age at the time of the instant accident. Examining the overall index of socioeconomic circumstances, i.e., changes in the average number of names, social, economic structure and living conditions, the career and health conditions of the Deceased, etc., the Deceased shall be deemed as an ordinary father for the 2th day of every month between the age of 65 and the age of 65, and the amount equivalent to urban daily wage could have been obtained as income.

3) Cost of living: Calculation of income 1/34: as stated in the “actual income” column of the attached amount of damages calculation sheet, the total amount of KRW 39,868,464 shall be as stated in the attached amount of damages calculation.

(b) Funeral expenses: 5,00,000 won (Plaintiff A expenditure).

C. Limitation of liability: 50% of the defendant's liability ratio.

D. Mutual aid 1) Of the medical expenses already paid by the Defendant 37,391,200, the amount of KRW 18,695,600, which is the amount equivalent to the deceased’s fault ratio, shall be deducted from the amount of damages. 2) Of the 2,585,830, the Defendant paid at the repair cost of the Defendant’s vehicle, the deceased’s fault ratio.

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