logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.07.23 2018나84737
손해배상(의)
Text

The judgment of the first instance court, including the plaintiff's claim extended by this court, shall be modified as follows:

The defendant.

Reasons

1. The reasoning for the court’s explanation of this case is as follows, and the reasoning for the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance except for the addition of the corresponding parts of the judgment of the court of first instance or the corresponding parts as follows. Thus, this is accepted by the main text of Article 420 of the Civil Procedure Act

2. A portion used for making additional entries or cutting in a trial;

A. Part 3 of the third decision of the court of first instance (based on recognition) is as follows.

“The ground for recognition” is a non-contentious fact, Gap evidence 1 through 5, Eul evidence 1 through 3 (including provisional number), the purport of the whole pleadings.

(b) Part 7 of the 8th decision of the first instance is as follows.

“3) The retirement age and maximum working age: The retirement age is on February 28, 2029, which is the last day of the month in which the Plaintiff reaches the age of 60 according to the company’s rules of employment (Evidence A8). The maximum working age is on February 28, 2029, and is deemed 65 years recognized by the empirical rule, comprehensively taking into account the social and economic conditions, such as the average remaining life of the citizens, economic level, employment conditions, etc. (see Supreme Court en banc Decision 2018Da248909, Feb. 21, 2019).

(c)Nos. 11 and 12 of the decision of the first instance court are as follows.

“5) The daily net income calculated based on such basis is KRW 70,713,771 (i.e., the daily net income of KRW 58,223,386 up to the maximum working age after the retirement date of KRW 12,490,385 up to the maximum working age after the retirement date of KRW 58,223,386. As the Plaintiff claims, the daily net income of KRW 125,427 x 22 days in 2019. The Defendant’s portion to be borne by the Defendant is KRW 42,428,262 (= 70,713,713, 771 x 0.6).

A person shall be appointed.

(d) conduct 6 to 11(e) of the decision of the first instance is as follows.

“E. In the lawsuit, the Defendant’s property damage amounting to KRW 45,730,807 (i.e., KRW 42,428,262 in the daily retirement allowance of KRW 1,612,501 in the previous medical expenses of KRW 1,690,04 in the amount of KRW 10,000 in the amount of consolation money and KRW 55,730,807 in the lawsuit and the first instance court.

arrow