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(영문) 서울동부지방법원 2017.04.26 2016나23740
손해배상(산)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff (appointed party) who falls under the following order of payment.

Reasons

1. Basic facts and

2. The reasons why the court should explain this part of the occurrence of liability and limitation are the same as that of the corresponding part of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

3. In principle, the period of calculating the scope of compensation for damage shall be calculated on a monthly basis, but any period of less than the last month and less than KRW 10 shall be discarded;

At the time of the accident, the amount of damages shall be calculated at the rate of 5/12 percent per month to deduct interim interest.

In addition, it is rejected that the parties' arguments have not been separately explained.

Personal information 1) Personal data: The income is as indicated in the “basic matters” in the annexed sheet for calculating the amount of damages: (a) there is no dispute between the parties; and (b) the purport of the entire arguments in the statement in Gap evidence No. 9, the deceased acquired a construction machinery pilot’s license on October 21, 2013, and was employed to the Defendant on April 10, 2014. However, the Defendant appears to have temporarily worked at the construction site of this case during the lease period, based on the Plaintiff’s income equivalent to the construction machinery operator’s actual income in the construction business report, in light of the fact that the deceased’s lease of the construction machinery necessary for the construction work and the fact that he/she appears to have temporarily worked at the construction site of this case during the lease period, etc., the amount shall be calculated on the basis of the monthly average working days of the construction machinery operator’s income

B. Restriction 1) Defendant’s liability ratio: 65%: 223,674,086 won (=344,113,979 won) x 0.65)

C. Mutual Aid 1 Criminal Agreement amounting to 30,000,000: in case where the victim has agreed that he does not want to be punished against the perpetrator by receiving money in the course of the investigation or criminal trial against the perpetrator of the tort, the amount received at the time of the agreement shall be particularly consolation money.

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