logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.04.17 2014나52031
손해배상(자)
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs who are ordered to pay additional amounts below.

Reasons

1. The reasoning of the judgment of the court concerning this part of the liability for damages is the same as that of the judgment of the court of first instance, and this part is cited as it is in accordance with the text of Article 420 of the Civil Procedure Act.

2. In principle, a period of time for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 10 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.

1) The Plaintiffs asserted that the daily income is calculated based on the daily wage of KRW 150,00,000, which is the actual income at the time of the instant accident, as the deceased, as a daily worker at the time of the instant accident, or that the deceased, as a daily worker, could have earned the daily income of KRW 2,470,333, which is the average wage of the male who graduated from a junior college while being employed as a daily worker after graduating from a junior college, and thus, should be calculated based on the above income.

It is not sufficient to recognize that the deceased can obtain income of KRW 150,000 until the end of the operation period only by examining the argument on the daily wage of KRW 150,000,000 on the income of KRW 150,00,000. The plaintiffs' assertion on this part is without merit, since there is no other evidence to acknowledge it.

According to the argument on the income of the male graduates from the professional course, the deceased can be acknowledged as having graduated from the junior college on February 7, 2013. According to the above facts, it is reasonable to presume that the deceased can gain profits equivalent to the wages of those who have worked for less than one year in the field of work who have worked for not less than one year, at least a professional course (see, e.g., Supreme Court Decision 91Da612, Apr. 23, 191).

arrow