logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.10.11 2017나67508
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. The court's explanation of this part of the liability for damages is the same as the corresponding part of the judgment of the court of first instance, and thus, citing this as it is in accordance with the main sentence of Article 420 of the

2. In addition to the matters stated below within the scope of liability for damages, each of the corresponding items 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 monthly, 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.

It shall be rejected that the parties' arguments are not separately explained.

[Ground of recognition] Facts without dispute, Gap evidence 6 through 8, Eul evidence 9, 10, 12 through 14, each of the evidence of the court of first instance with respect to the head of the Seoul Hospital Hospital of the relevant court, the result of the physical appraisal commission by the court of first instance, the rule of experience, significant facts in this court, and the overall purport of the arguments: The actual income statement of the whole purport of the arguments are as follows:

The actual income and operating period - The plaintiff asserted that the statistical income on the report on the actual status quo of labor by employment type published by the Ministry of Employment and Labor should be calculated on the basis of monthly income 2,217,000 won of the "persons with career of not less than five but less than ten years and less than five years and less than 5 years and less than 10 years," in the first hearing of the first instance court. However, the court reduced the purport of appeal on the date of the first hearing of the court, and changed the cause of the claim that the plaintiff's daily income is based on the urban daily wage, such as the statement in the separate statement in the calculation of damages in the statement of the reasons for appeal, while reducing the purpose of appeal on the date of the first hearing of the court, it changed the reason for the claim that the plaintiff's daily income would be based on the urban daily wage.

arrow