[손해배상등][집14(1)민,013]
Standard time for calculating damages due to future loss of income;
Unless there are special circumstances, the amount of damages due to the loss of white earnings that the deceased would have received every year in the future shall be calculated by 00 US dollars at the time of the conclusion of the fact-finding proceedings which determine the liability for damages, unless there are special circumstances.
Article 393 of the Civil Act, Article 763 of the Civil Act
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Seoul High Court Decision 64Na1707 delivered on July 15, 1965, Seoul High Court Decision 64Na1707 delivered on July 15, 1965
The part of the judgment below against the plaintiffs is reversed.
The case is remanded to Seoul High Court.
The judgment of the court below held that the calculation of damages caused by the loss of future revenues by the deceased non-party 1 in 1936, which the deceased non-party 1 is the 10-man's chests every year, should not be based on the market price, but on the average market price in 1936, since the 1936-man's 10-man's 10-man's 10-man's 10-man's 100
However, it is reasonable to calculate the amount of damages due to the loss of future revenues claimed by the Plaintiff at the rate of 00 US dollars at the time of the closure of the fact-finding proceedings, barring any special circumstances, and it is also reasonable to determine the amount of damages at the time of the conclusion of the trial proceedings, in addition, since the expected income of Non-party 1 from the time when he was expected to substitute in the Gun to the time of the conclusion of the fact-finding proceedings, the expected income from the time when he was able to import in reality is not future revenues, and it is necessary to calculate the amount of damages at the market price at the time when he was able to import in reality. However, the court below cannot find out the feasibility
Therefore, it is so decided as per Disposition by the assent of all participating Justices.
Supreme Court Judge Lee Young-sub (Presiding Judge)