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(영문) 서울중앙지방법원 2020.05.07 2019나26105
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff A corresponding to the amount ordered to be paid below shall be revoked.

Reasons

1. The reasoning for this part of the judgment of the court of first instance is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance, and thus, this part is cited as it is in accordance with the main text 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 rejected that the parties' arguments are not stated separately.

【Ground of recognition】 The fact that there is no dispute, or is obvious to this court, and the entry, rule of experience, and whole purport of pleading as to Gap's 1 through 6

A. Personal information 1) Personal data of the Deceased’s lost income: The occupational income and operating period are as indicated in the “basic matters” list of the amount of damages calculated: urban daily wage, the number of working days per month, and the living cost of 65 years old: 1/34 of income: A total of 231,370,925 won as indicated in the “actual income” column of the attached Table of the amount of damages calculated.

(b) Expenses for first aid: 850,228 won;

(c) Funeral expenses: 5,000,000 won (Plaintiff B expenditure).

(d) Limitation of liability: 10% of the defendant's liability ratio;

E. Compensation 1) Reasons for consideration: The amount recognized as 10,00,000 won for the Deceased, Plaintiff A5,00,000,000 won for the deceased, and Plaintiff B 7,00,000,000 won for the following reasons: the developments of the instant case, the age and degree of negligence of the Deceased, and the personal relations with the Plaintiffs:

F. Inheritance Relations: 252,012,767 won, such as the “total amount of lost income” in the separate sheet for calculation of damages; or 231,370,925 won is asserted by the Plaintiffs from their lost income. Accordingly, if the amount of damages is calculated accordingly, it is identical to the statement in the column for “comfort data and total amount.”

G. Therefore, the Defendant is liable for damages, and KRW 38,222,115 = Inheritance Amount of KRW 33,22,115.

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