[손해배상][집17(4)민,084]
The future medical expenses for the injured party due to the tort are the claims that have already been due and are determined at the time of the occurrence of the tort.
In the future, treatment costs for tort are the damages determined at the time of the occurrence of tort, and the interim interest shall not be deducted.
Article 705 of the Civil Act
67Da1388 delivered on September 19, 1967
Plaintiff 1 and four others (Attorney Go Jong-tae, Counsel for the plaintiff-appellant)
Korea Coal Corporation (Attorney Kim Hung-hoon, Counsel for the defendant-appellant)
Seoul High Court Decision 68Na2775 delivered on July 18, 1969, Seoul High Court Decision 68Na2775 delivered on July 18, 1969
The appeal is dismissed.
The costs of appeal shall be borne by the defendant.
The Defendant’s agent’s ground of appeal No. 1
On October 29, 1965, the court below held that even if the plaintiff 1 had been at least 09:00, the plaintiff 1 had been at least 5 meters of operation of the above mine, it did not have any error in the rules of evidence that the plaintiff had been at least 1 meters of operation since the plaintiff 1 had been at least 5 meters of operation on the line before and after his operation, the non-party was also at least 5 meters of operation, and the non-party was at least 1 meters of operation of the above mine, and there was no error in the rules of evidence that there was no error in the rules of evidence that the plaintiff had been at least 5 meters of operation on the line before and after his operation, there was no error in the rules of evidence that the non-party was at least 5 meters of operation on the line before and after his operation, and there was no error in the rules of evidence that the non-party was at least 5 meters of operation on the line before and after his operation on the line.
2. health care unit;
The court below calculated KRW 70,114 as the current payment amount after deducting the interim interest rate of KRW 72,000 for the medical expenses of Plaintiff 1 for the next year according to the Hofmanial Calculation Act. However, since these medical expenses are the damage determined at the time of the occurrence of tort and the claim that has reached the due date is not the interim interest deduction (see Supreme Court Decision 67Da1388, Sept. 19, 1967). Thus, the court below erred in deducting the interim interest from the above medical expenses, and therefore, it does not have any reason to dispute against the Defendant even if it was erroneous in the calculation method of the court below's Hof type, such as the theory of novels, which would result in a disadvantage to the Defendant. Thus, the Defendant's assertion unfavorable to the Defendant cannot be viewed as the grounds for appeal.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party and it is so decided as per Disposition by the assent of all participating Justices.
Supreme Court Judges Kim Young-chul (Presiding Judge) (Presiding Justice) Mag-gim Kim, Kim Jong-dae and Yang-Namng