[손해배상][집21(3)민,207 공1973.12.15.(478), 7618]
Whether income tax is deducted in calculating lost damage
Recognizing that monthly income of “A” died due to a train accident is 27,500 won, it is erroneous in the misapprehension of legal principles as to the scope of compensation for damages related to lost profits.
Article 750 of the Civil Act
November 30, 1971 71Da2157 decided November 30, 197
Plaintiff 1 and four others, Counsel for the defendant-appellee
Korea
Seoul High Court Decision 73Na659 delivered on August 31, 1973
(A) Of the part of the judgment below against the defendant, the damages claim portion of the lost profit is reversed, and this part is remanded to the Seoul High Court.
(B) The appeal against the remainder of the claim except as provided in the preceding paragraph is dismissed, and the costs of the appeal are assessed against the defendant.
The grounds of appeal by the defendant litigant are examined.
(1) As to the first ground for appeal:
According to the reasoning of the court below, the engine company of the 184 train entering this station should not cause a serious cooling line in consideration of the fact that the home in the south region where the train accident in this case occurred should not cover the asphalt, or cover the home well, and the engine company of the 184 train entering this station should not cause a serious cooling line, but should not cause a serious cooling line. However, the engine company of the 194 train which proceeds from a heavy cooling line and search with a view to predicting that the passengers waiting for a train can cross the approach line in order to avoid wind and dust, and at the same time reduce a high speed, the engine company of the 194 train is negligent at a speed of 15 meters without due diligence.
If the process of fact-finding conducted on the premise of the above determination by the court below is established in the records, it is legitimate, and there is no ground for misconception of facts or violation of the rules of evidence due to the incomplete hearing.
On the other hand, the train accident in this case was defective in the construction of the station structures managed by the defendant, and it is said that the train engine driver's attention was caused by competition.
(ii)with respect to Section 2,
The lower court recognized that the monthly income of the deceased, who died due to the instant train accident, was KRW 1,100,00 won X25-27,50, and did not deduct the income tax.
The above wife of the court below erred in the misapprehension of legal principles as to the scope of damages for lost profits of the deceased (see Supreme Court Decision 71Da2157 delivered on November 30, 1971). Thus, this argument is justified.
Therefore, the part of the judgment of the court below against the defendant is reversed only for the damages claim of lost profits, and it is remanded to the Seoul High Court.
In addition, the appeal on the remainder of the claim except the above claim shall be dismissed, and the costs of appeal shall be borne by the losing party.
This decision is consistent with the opinions of the involved judges.
Justices Han-jin (Presiding Justice)