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(영문) 서울중앙지방법원 2021.01.08 2020나33673
손해배상(자)
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

the purport and purpose of the claim;

Reasons

1. The grounds for this Court’s claim for damages are as stated in the corresponding part of the judgment of the court of first instance, and thus, this part is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Except as otherwise stated below within the scope of the liability for damages, it shall be the same as the corresponding item in the list of calculating the amount of damages, and in principle, the period of convenience shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The current value calculation at the time of the accident shall be governed by the fractional discount law that deducts the interim interest at the rate of 5/12 per month.

In addition, it is the purport of rejecting the claims of the parties, which are not stated separately.

【Unfounded Grounds for Recognition】 The entry and video of Gap's evidence Nos. 1 through 5, Eul's evidence No. 1 (including branch numbers, if any), the significant facts, empirical rule, and the purport of whole pleadings in this court

A. Personal information 1) Personal information of the Deceased’s lost income: [Attachment] written in the column for “basic matters” in the computation of the amount of damages.

2) Income and operating period: It is deemed that the amount equivalent to the daily wage (22 days of operation per month) of an ordinary part of an urban area can be derived until August 11, 2046, which reaches 65 years of age.

3) Livelihood costs: Calculation of income 1/34: [Attachment] [Attachment] is the same as the entry in the column for “actual income” in the calculation sheet for the amount of damages compensation, and is a total of KRW 420,574,052.

(b) Funeral expenses: 5,00,000 won ( Plaintiff A’s expenditure).

C. Limitation of liability: 30% of the defendant's liability ratio.

D. Reason of consolation money 1): Plaintiff B: 2,00,000 won in all circumstances shown in the arguments of this case, including the developments of this case, the age and degree of negligence of the deceased, and the personal relationship between the plaintiffs and the deceased: 38,000,000 won

E. Inheritance Relation 1) : 164,172,215 won (=property damage 126,172,215 Won 38,00,000 won for consolation money of 38,000 won for consolation money of 126,172,215): Plaintiff A: 98,503,329 won (=164,172,215 x 3/5) for Plaintiff B: 65.

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