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(영문) 대법원 1993. 6. 8. 선고 93다12749 판결

[손해배상(자)][공1993.8.15(950),2006]

Main Issues

(a) The case where two shops are leased and calculated on the basis of the actual import damage of a person who has engaged in food retail business with his wife based on the employment-based wage status survey report issued by the Ministry of Labor and the related employees in the employment contract;

(b) A case recognizing the maximum working age of a food retailer until he/she reaches 60 years of age;

Summary of Judgment

(a) The case where two shops are leased and calculated on the basis of the actual import damage of a person who has been engaged in food retail business with his wife based on the employment wage status survey report issued by the Ministry of Labor and the related employees in the employment contract;

B. A case recognizing the maximum working age of a food retailer until he/she reaches 60 years of age.

[Reference Provisions]

Article 763 (Civil Act Article 393 (Article 393)

Reference Cases

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Dong-young et al., Counsel for plaintiff-appellant-appellee-appellant-appellee-appellant-Appellee-Appellant-Appellee-Appellee-Appellant-Appellee-Appellee-Appellant-Appellee-Appellant-Appellee-Appellant-Appellee-Appellee-Appellant-Appellee-Appellee-Appellant-Appellee-Appellant-Appellee-Appellee-Appellant-Appellee-Appellee-

Plaintiff-Appellant

Plaintiff 1 and four plaintiffs' attorneys Lee Han-soo, Counsel for the plaintiff-appellant

Defendant-Appellee

Attorney Park Jong-chul et al., Counsel for the defendant-appellant

Judgment of the lower court

Daegu High Court Decision 92Na6687 delivered on February 5, 1993

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

1. Judgment on the ground of appeal No. 1 by the plaintiffs' attorney

The court below acknowledged the facts that the deceased non-party 1, who is the deceased, was engaged in food retail business with two stores located in the new market located in Ansan-dong, Andong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, from October 3, 1984 to the death of the traffic accident of this case. As alleged by the plaintiffs, there is no evidence to support that the above deceased engaged in food sales business at the time of the above accident and obtained a gold of 10,000 won per month-si-si-si-si-dong-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si income. Further, even if the amount claimed by the plaintiffs is recognized, it cannot be considered as an objective and reasonable price of the above worker's.

2. Determination on the ground of appeal No. 2

According to relevant evidence and records, the judgment of the court below that recognized that the above deceased could have engaged in the above food retail business until he reaches 60 years of age based on the empirical rule cannot be deemed to have violated the law of litigation, and therefore there is no reason to discuss.

3. Therefore, all appeals are 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 Yoon-young (Presiding Justice)