Among them, the part against the plaintiff as to the delayed damages, passive damages, and active damages.

1. On the grounds of appeal Nos. 1 and 2

A. In principle, the lost income loss suffered by the victim who lost labor ability due to a tort shall be calculated based on the income at the time of the tort. However, if the income which forms the basis of the lost income between the time of conclusion of oral argument for fact-finding increases, the loss of lost income thereafter shall be calculated based on the income which is the basis of the most nearest at the time of conclusion of oral argument for fact-finding, and such loss constitutes ordinary damages caused by the tort (see Supreme Court Decisions 91Da10381, May 28, 1991; 2002Da30275, Sept. 24, 2002, etc.).

However, according to the “1st half of the year 2020 wage investigation report on construction business subject to the first half of the year 2020 (Evidence A No. 29), statistical income on an ordinary urban person was changed to KRW 130,264 in the second half of the year 2019, and it was known that it was KRW 138,290 in the first half of the year 2020, nearest to July 9, 2020.

Therefore, in calculating the Plaintiff’s lost income and the future nursing expenses, the lower court was based on the increased statistical income as above.

of the corporation.

Meanwhile, according to the reasoning of the lower judgment and the record, the lower court acknowledged KRW 214,607,877 of the Plaintiff’s assertion within the scope of KRW 215,574,492, on the premise of the purport of the claim as KRW 214,607,877 in calculating the lost income amount.

However, the plaintiff's representative is the third party of the original judgment.