[손해배상(자)][공1987.10.1.(809),1461]
The method of calculating the lost income of the deceased where the company employed by the deceased was dissolved after the accident.
Unless there are special circumstances, such as the time of death of the deceased, if the company employed by the deceased was dissolved due to its bankruptcy, the actual income cannot be calculated in the future on the condition that the above deceased can continue to serve as civil engineering engineers of the company. Therefore, in calculating the actual income of the above deceased, the amount of future income should be recognized to the extent that it is highly probable to the extent that it does not lose reasonableness and objectivity after investigating and examining other occupations or similar types of occupation, etc. deemed capable of the above deceased in light of the age, degree of education, the degree of education, the degree and experience of national technical qualification held by the above deceased, and other social, economic conditions, experience, etc.
Article 763 of the Civil Act
Supreme Court Decision 81Da115 delivered on June 23, 1981, Supreme Court Decision 85Meu538 delivered on March 25, 1986, Supreme Court Decision 86Meu1453 delivered on February 10, 1987
Plaintiff 1 and one other
Jin Jinjin Co., Ltd., Counsel for the defendant-appellee-appellant
Seoul High Court Decision 86Na1624 delivered on February 16, 1987
The part of the lower judgment against the Defendant regarding property damage shall be reversed, and the case shall be remanded to the Seoul High Court.
The defendant's attorney's grounds of appeal are examined.
1. According to the reasoning of the judgment below, when calculating the lost income of the deceased non-party 1 who died from the traffic accident in this case occurred in the heading of Geumwon-gun, Chungcheongnam-gun on December 15, 1984 at the time of the accident in this case, the court below recognized that the deceased worked as a civil engineering engineer of the non-party 1 corporation at the time of the accident in this case, and calculated the lost income of the deceased as the monthly average of KRW 280,000 and KRW 90,000 for on-site allowances, KRW 50,000 for license allowances, KRW 46,666 for bonuses, and KRW 46,66 for monthly average of KRW 50,00 for 46,00 for bonuses, and KRW 460,66 for 55 years of age if the accident in this case had not occurred. Based on this, the court below calculated the lost income of the deceased.
2. However, according to the testimony of the non-party 2, who was the representative director of the non-party company at the time of the accident that was rejected by the court below, the non-party company was bankrupt after the accident. If the non-party company working for the above deceased was dissolved, barring special circumstances such as the cause of the bankruptcy was the cause of the death of the above deceased, it cannot be calculated future lost income on the premise that the above deceased can continue to work as a civil engineering engineer of the non-party company. Thus, the court below, as a fact-finding court, should consider whether the non-party company was dissolved after bankruptcy, whether the time and the cause of dissolution was in any relationship with the above deceased's death. In calculating the lost income of the non-party company thereafter, the court below should have determined that the non-party company's actual income did not have any influence on the above deceased's age, level of education, career of national technical qualification and other social, economic conditions, and rule of law, and should have judged the above monthly average income amount of the non-party 16th of 85th 198.
3. Therefore, without examining the defendant's remaining grounds of appeal, the part of the defendant's failure on property damage among the judgment below is reversed, and this part of the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating judges.
Justices Park Jong-dong (Presiding Justice)