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(영문) 대구지방법원 2012.08.31 2011나13072
한정채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

On February 17, 2005, 00:30,000, c. on the front of the Daegu Northern-gu B convenience point.

Reasons

1. The reasons why a party member should explain in this part of the occurrence of liability for damages are the same as the reasons stated in Article 420 of the Civil Procedure Act.

2. Scope of liability for damages

(a) Facts of recognition and evaluation (1) Gender: The defendant's actual income shall be calculated based on the unit wage of ordinary workers in the report on investigation of actual working hours issued by the Construction Association up to 22th day of August 2, 2023, when the defendant reaches the age of 41 years and 6 months (b) the actual working hours of 41 years and 6 months and the period of operation of 60 years and the average working days of 22 days before August 2, 2023;

(C) In the first instance trial, the Defendant asserted that the Defendant should calculate the lost income by applying monthly income of three to four years of the report on the basic statistical survey of the wage structure published by the Ministry of Labor, as the Defendant worked as the representative of the enterprise that provides K agency driving services in the trade name from January 2002, 202, and the monthly income of transportation workers. However, in the appellate trial, the Defendant withdrawn this assertion and agreed to calculate the lost income based on the unit wage of the ordinary person in the report on the actual condition of construction business wages issued by the Korea Construction Association issued by the Korea Construction Association, but only argued that it should be calculated based on the increased statistical income until September 201). (c) The reasons why the Defendant stated in this part on this part of the subsequent disability is part of the reasoning of the judgment of the first instance court.

(1) Since it is identical to the entry in subsection (c), it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(D) The reasons why a party member should explain in this part of the labor disability ratio are 2.A. of the reasoning of the first instance judgment.

(1) It is identical to the entry of subsection (d) and thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(2) On the basis of the facts of recognition and evaluation as referred to in (1) above, calculated at the present price at the time of the instant accident in accordance with the simple discount method which deducts intermediary interest at the rate of 5/12 per month on the basis of the facts of recognition and evaluation as referred to in (1) below.

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