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(영문) 춘천지방법원강릉지원 2016.08.09 2016나50334
채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

Attached Form

A list of accidents listed in paragraph (1) of the Schedule shall be as shown in attached Form.

Reasons

1. The reasoning of the judgment of the court of first instance for the acceptance of the reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the dismissal of not more than 3 pages No. 21 among the grounds of the judgment of the court of first instance as follows. Thus, it is citing it

“1) On-the-job income: Personal information of KRW 5,314,414 A), period of operation: Occupation and income basis, maximum working age of the attached table for calculating the amount of damages: The same shall apply as indicated in the “basic matters” in the attached table for calculating the amount of damages: (b) the ordinary person, and the Defendant of KRW 60, who acquired the qualification for power distribution activation, obtained the license for power distribution activation and received the income as the active major at the time of the instant accident, and thus, the daily income should be calculated on the basis of the statistical income of the active major in the construction business report.

However, even if statistical income is high compared to actual income, only if there is a special circumstance that the amount of statistical income would have been higher than the amount of statistical income actually earned at the time of the accident, such statistical income may be calculated on the basis of such statistical income (see, e.g., Supreme Court Decision 2005Da16904, Mar. 9, 2006). According to subparagraph 1, the Defendant is deemed to have the capacity to distribute electricity in 12,736,00, total of KRW 3,500,000, KRW 1,43,000, KRW 1,000, KRW 1,050, KRW 2012, KRW 1,050, KRW 200, KRW 300, KRW 205, KRW 2000, KRW 36, KRW 208, KRW 209, KRW 3000, KRW 205, KRW 209, KRW 209, KRW 209.

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