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(영문) 서울북부지방법원 2017.08.25 2015나30976
손해배상(자)
Text

1. The judgment of the court of first instance is modified as follows.

On April 2, 2012, the traffic accident between the Defendant (Counterclaim Plaintiff) and D is included.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. The reasoning for this part of the court’s liability for damages is that of “1. The occurrence of liability for damages” among the grounds of the judgment of the court of first instance, thereby citing it as it is by the text of Article 420 of the Civil Procedure

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 rejected that the parties' arguments are not stated separately.

(2) The victim's actual income shall be calculated based on objective and reasonable data that had been actually earned at the time of the accident by the victim's actual income at the time of the accident. In such cases, when the victim has reported to the tax authority, the reported amount of income shall be deemed to be the amount of income at the time of the accident. However, if there are objective and reasonable data on the fact that the reported amount of income is determined to be significantly low or that there was other income than the reported amount in light of the victim's occupation, age, career, etc., the reported amount of income cannot be deemed to be the amount of income at the time of the accident (see, e.g., Supreme Court Decisions 2007Da52607, Dec. 14, 2007; 2007Da3885, Sept. 37, 1994).

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