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(영문) 광주지방법원 2017.12.08 2017나50101
손해배상(자)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. The court's explanation on this part of the occurrence of liability for damages is identical to the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. In addition to the extent of compensation for damage, each item of the annexed Table 1 calculating the amount of compensation shall be the same as the corresponding item, 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.

The Plaintiff’s assertion 1) As part of the damages equivalent to the lost income due to the instant accident, the Plaintiff sought KRW 56,202,294 from the date of the instant accident to October 11, 2018 (the first instance court sought only part of the lost income).

2) Personal information: As indicated in the “basic matters” column of the attached Form 1 damages calculation sheet.

3) The Plaintiff asserted that the monthly average income of 3,298,320 won could have been earned each month, which is the income of sales workers of career experience from 5 to 10 years on the report on the fact-finding survey of work by employment type, such as office equipment, etc. However, according to the statements in the evidence Nos. 8 through 10, the Plaintiff could only be recognized as having earned monthly average income of 1,779,60 won (21,35,927 won, which is the amount less than the above amount prior to the instant accident, 209 ± 12 months), which is the amount less than the above amount prior to the instant accident (i.e., the Plaintiff’s income return amount of 209 ± 21,35,927 won, which is the monthly average income on the above report. Therefore, it is difficult to view that the Plaintiff may have earned monthly average monthly income from the date of the instant accident to August 31, 2012.

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