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(영문) 창원지방법원 2019.05.03 2019나50059
손해배상(자)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the court of first instance is as follows: ① When the court of fact-finding recognizes the maximum working age, which serves as the basis for calculating lost earnings, among the reasons for the judgment of the court of first instance, ① “within the age of 65” following the following: (a) the maximum working age of each age group, employment rate or labor participation rate by age group, working conditions by occupation, and limitations on retirement age; and (b) the maximum working age can be acknowledged in light of specific circumstances, such as the victim’s age, occupation, career, and health conditions (see, e.g., Supreme Court en banc Decision 2009Da10920, May 13, 201). Inasmuch as the social and economic structure and living conditions of the Republic of Korea rapidly improved and improved legal system, the foregoing empirical rule-based circumstances at the time of the previous en banc Decision 201Do2819, supra, can be deemed as being 60% higher than that of the court of first instance, and thus, 201Do2985, supra.

2. In conclusion, the judgment of the first instance is legitimate, and all appeals by the Defendants are dismissed.

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