[손해배상(자)][공1994.3.15.(964),811]
The case holding that it is sufficient for an adult male family member to be an adult male family member;
The case holding that it is sufficient for an adult male family to be an adult male family member.
Article 763 (Civil Act Article 393 (Article 393)
[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Han-sung, Attorneys Park Jae-young and 2 others, Counsel for plaintiff-appellant) and 1 other (Law No. 4548, Oct. 27, 1992, Counsel for plaintiff-appellant)
Plaintiff 1 and 2 others, Counsel for the plaintiff-appellee
Cho Man-hee et al., Counsel for the defendant-appellant and three others
Seoul High Court Decision 92Na65526 delivered on September 1, 1993
The part of the judgment below on the property damage among the defendant's failure portion is reversed, and that part of the case is remanded to the Seoul High Court.
We examine the grounds of appeal.
1. On the first ground for appeal:
The court below recognized the fact that the plaintiff 1 continued to reside in the original domicile, which is a rural area, in the original domicile of the plaintiff 1 at the time of the accident in this case, that the plaintiff 1 had tried to work as a main agent at the multilateral village operated by the plaintiff 1 without any particular occupation at the time of the accident in this case. In light of the records, the court below's findings of fact and decision are just and there are no errors in the misapprehension of the legal principles as to the violation of the rules of evidence or the calculation of damages for lost income, such as the theory
2. On the second ground for appeal:
The court below held that, although the plaintiff 1 remains in both sides due to the aftermath disorder caused by the accident in this case, the two descendants' face cannot be spawned, spawned, or spawned by hand due to the abolition of the function of the two descendants, and the spawn cannot be spawned, and the spawn cannot be spawnddddddd with their body due to the dyebnosis damage, and the blad with the bladrat damage caused by the bladrat damage to the upper level of bladrat, and the blag is remaining in the bladrat and left side with the bladder and left side, the court below continuously recognized the fact that the 24 hours old male or female 1 man's nursing for the purpose of preventing the bladratization and the bladratation, etc. of the city's wages equivalent to the 2-day for the city.
However, according to the records, the above plaintiff is unable to lead a daily life without the opening of the opening, but its opening does not need to continue to do so, and he enters the city intermittently, so the opening shall be sufficient as an adult male, unless there are special circumstances.
For reasons indicated in its holding, the court below's finding that the above plaintiff suffered damages from the opening of two general workers' wages per day is erroneous in the misapprehension of legal principles as to the calculation of opening expenses. Therefore, the ground for appeal pointing this out is with merit.
Therefore, the part of the judgment below regarding property damage among the defendant's failure portion is reversed, and this part of the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.
Justices Chocheon-sik (Presiding Justice)