[손해배상][공1977.1.1.(551),9632]
The time of calculating the amount of loss profits in case the employment period, which is the source of the victim of tort, comes later after the date of final argument of fact-finding.
The amount of profit which could have been gained by a deceased person due to an illegal act of another person, shall be calculated on the basis of the profit as at the date of the final pleading of the fact-finding court, in cases where the time when the deceased person is able to be engaged in the business which is the source of import, comes to fall after the date of final pleading of the fact
Plaintiff 1 and six others (Attorney Kim Jong-ho, Counsel for the plaintiff-appellant)
Representative of the Republic of Korea Act of the Republic of Korea and the Minister of Justice Heungk Jung-Jung (CY 2O)
Daegu High Court Decision 76Na321 delivered on July 1, 1976
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal by the defendant litigant are examined.
The amount of loss profit which could have been earned by a deceased person due to a tort shall be calculated on the basis of the profit as at the date of the final date of pleading at the fact-finding court, in cases where the time when the deceased person is able to be employed in the business which is the source of revenue, comes to fall after the date of the final date of pleading at the fact-finding court (see, e.g., Supreme Court Decisions 66Da1217, Sept. 6, 66; 66Da2624, Feb. 21, 67), and it shall not be calculated as at the time of the tort (see, e.g., Supreme Court Decision 14 years old at the time of the accident at the time of the accident at issue, and there is no error of law in calculating the amount of loss loss to the defendant, which is calculated on the basis of the wage as at the time of the final date of pleading at the fact-finding court before the date of pleading.
Therefore, the appeal of this case is dismissed in accordance with the provisions of Articles 400, 395, and 384(1) of the Civil Procedure Act since there is no ground for appeal. It is so decided as per Disposition by the assent of all participating Justices on the bench regarding the burden of litigation costs.
Justices Yang Byung-ho (Presiding Justice)