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(영문) 서울중앙지방법원 2015.07.02 2014나33023
손해배상 등
Text

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

Reasons

1. The court's explanation on this part of the grounds of the judgment of the court of first instance is the same as the pertinent part of the reasoning of the judgment, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure

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.

Plaintiff

A’s lost income: Personal details of KRW 55,013,681: as stated in the “basic matters” list of the amount of damages for attached Table 1: Provided, That the Plaintiff’s borrowed name is presumed to have been reduced by 30% compared to normal persons on the basis of the physical appraisal date (e.g., May 22, 2013), and as such, it is presumed to have been 12.831 years reduced by 30%, the end date of life shall be deemed to be March 18, 2026. 2) income and operating period: The daily wage for rural communities, the number of operating days until he reaches the age of 25,65, and the Defendant asserts to the effect that the Plaintiff had lost the ability to operate under the age of 60 as at the time of the instant accident.

The maximum working age, which serves as the basis for calculating lost earnings, shall be determined, regardless of whether a fact-finding court recognizes the maximum working age in light of the specific circumstances, such as the victim’s age, occupation, career, health conditions, etc., by examining all the circumstances, such as the average remaining life, economic level, employment rate, labor participation rate, working conditions, and retirement age limit by age group, and the working conditions and retirement age limit by occupation, in addition to the social and economic conditions of the citizens of Korea.

Supreme Court Decision 88Meu16867 delivered on December 26, 1989, 96Da37091 delivered on November 29, 1996, and 96Da46491 delivered on December 23, 1997

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