[손해배상(자)][공1991.7.1.(899),1623]
(a) The method for calculating the deceased’s future lost income where the company that died of an accident closes its business after the accident occurred;
(b) Degree of proof of future future income;
A. In a case where the company where the victim was killed due to an accident closed its business after the accident, barring special circumstances, such as the deceased’s discontinuance of business due to the death of the deceased, income cannot be calculated on the premise that the deceased continues to work in the company. In such a case, the deceased’s age, degree of education, the nature of the previous occupation, work experience, work experience, degree of skill training, and the possibility and probability of occupational change in similar occupational categories or other similar occupational categories, and other social, economic conditions, and the income therefrom should be examined.
B. In the verification of future anticipated income, the degree of proof is more mitigated than the degree of proof for past facts, and it is sufficient to prove income with considerable probability to the extent that it does not lose rationality and objectivity, rather than the proof of specific and reliable income that the victim can actually obtain, and to the extent that it does not lose rationality and objectivity.
(b)Articles 763 and 393 of the Civil Code;
A. (B) Supreme Court Decision 86Meu1453 Decided February 10, 1987 (Gong1987, 419) (Gong198, 946). (b) Supreme Court Decision 87Meu1539 Decided May 10, 198 (Gong1988, 946) (Gong1987, 626) Decided March 10, 197 (Gong1991, 205)
Lee Jin-jin et al., Counsel for the defendant-appellant
Defendant Kim Yong-sik, Counsel for the defendant-appellant
Busan High Court Decision 90Na3171 delivered on November 15, 1990
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
We examine the grounds of appeal.
If the company employed by the deceased closed its business after the death of the deceased, barring special circumstances, such as the deceased’s discontinuance of business due to the death of the deceased, it cannot be calculated as lost income in the future on the premise that the deceased continues to work for the company. In such a case, in light of the deceased’s age, degree of education, character of previous occupation, work experience, degree of skill skill training, possibility and probability of occupational occupation in similar occupational categories or other similar occupational categories, and their income should be examined. In such a case, the proof of expected income in the future should be reduced compared to the degree of proof of past facts, to the extent that it is not sufficient to prove specific and reliable income that the victim could actually gain, but to the extent that it does not lose rationality and objectivity (see, e.g., Supreme Court Decision 86Meu1453, Feb. 10, 1987).
According to the reasoning of the judgment below, the non-party 1 was a student of 1957.11.30, and the average male life of 31 years of age and 36.27 years of age at the time of the accident, and the above deceased was working for the non-party 1 corporation from February 1983, 1983 and was recognized as working for the non-party 1 corporation, and the new design work for the non-party 3 corporation from Sep. 1, 1987 to the development department of the Korea branch of the Hadddrid Co., Ltd. for the above accident. The court below rejected the new design, the new manufacturing process, and the supervision of the above new manufacturing business from the above 1,250,000 won for the above new manufacturing business and the new manufacturing business for the non-party 1's new manufacturing business for the non-party 1,250,000 won for the above new manufacturing business of the 19th Edr.
Therefore, the appeal is dismissed and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Jae-sung (Presiding Justice)