(영문) 서울중앙지방법원 2018.10.23 2018나31964

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(영문) 서울중앙지방법원 2018.10.23 2018나31964

구상금 청구의 소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning for this part of the lower court’s reasoning is as follows: (a) the reasoning for this part of the underlying facts is to be cited as “the death of a person” as “the death of August 27, 2016” under the main sentence of Article 420 of the Civil Procedure Act, except for the case where “the death of August 27, 2016.”

2. The grounds for this part of the argument are the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act

3. Determination

A. The establishment of the Defendant’s obligation to pay indemnity is consistent with the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(b) Scope of claims for reimbursement 1) The statement Nos. 5 and 11 in the computation of the amount of damages, together with the purport of the entire pleadings, F (including successors; hereinafter the same shall apply) in accordance with the following facts:

(1) The deduction for living expenses shall be 1/33 in the calculation of the amount of damages sustained due to the instant accident: (a) the actual income of KRW 367,803,915; (b) the actual income of KRW 1) the amount of loss (average income of KRW 110,194 per day): the amount of deduction for living expenses: 1/33 in the calculation of actual income: the period of calculation shall be calculated on a monthly basis; (c) the amount of loss of KRW 387,736,130 (tling expenses less than KRW 387; hereinafter the same shall apply); (d) the amount less than the last month and below KRW 40; (e) the amount of loss calculated at the rate of 5/12 per month; (e) the number of days of loss of monthly income of KRW 208; (e) the amount of loss of KRW 308; (e) the amount of loss calculated at the time of the instant accident; (v) the amount of loss of KRW 30730,130830.

참조조문

-민사소송법 제420조

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