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(영문) 울산지방법원 2019.05.30 2018나21630
손해배상(산)
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. The grounds for the court’s explanation concerning the occurrence of liability for damages and the limitation thereof are as stated in the relevant part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure

2. In addition to the matters stated below within the scope of liability for damages, the corresponding item of the Schedule of Calculation of Compensation for Damages shall be the same as the corresponding item of the annexed Table of Calculation of Compensation, and the period for the convenience of calculation shall be calculated monthly, but less than the last month and less

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.

A. On-site income: 49,459,740 won 1): The income standard for the victim's actual income between 40 and 5 months at the time of the instant accident to be the male of Girs: The amount of actual income of the victim who was receiving a certain amount of income at the time of the instant accident shall be calculated based on objective and reasonable data after confirming the amount of income actually earned by the victim at the time of the accident. In this case, if the victim reported income to the tax authority, the amount of reported income shall be deemed as the amount of income at the time of the accident. However, if there is objective and reasonable data on the fact that the reported amount of income is determined as a significantly low amount in light of the victim's occupation, age, career, etc. or that there was any other income than the reported income, only the reported amount of income shall not be deemed as the

In addition, the victim's actual income can be assessed on the basis of the victim's actual income at the time of the accident, and it 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 produced, it shall be engaged in the type of occupation similar to that of the victim's actual income.

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