[손해배상등][집18(1)민,120]
In calculating the lost profit of a minor who died of a tort, living expenses up to the deceased's adult shall not be deducted from the lost profit.
Since the cost of living until a minor becomes adult and is the burden of his/her person with parental authority or a person responsible for supporting him/her, in calculating the lost profit of a minor who died of a tort, the cost of living until the minor attains the majority of the deceased shall not be deducted from the lost profit.
Article 750 of the Civil Act
Plaintiff 1 and three others
Korea
Seoul High Court Decision 68Na2895 delivered on July 4, 1969, Seoul High Court Decision 68Na2895 delivered on July 4, 1969
The appeal is dismissed.
The costs of appeal shall be borne by the defendant.
The defendant's grounds of appeal are examined.
(i)The cost of living until the importation of a minor becomes an adult shall be borne by the person with parental authority or the person responsible for supporting the minor;
Since it belongs to the burden, the living expenses up to the majority of the deceased non-party in this case shall be the same person.
(2)No error exists due to failure to deduct from actual profit, and (2) The case is the non-party who is 2 years old at the time of the accident.
The appeal is without merit, since the accident occurred due to the negligence of the driver and the negligence of the driver and the duty of care of the person with parental authority, such as the paper, is an accident caused by the plaintiff 1 (the person with parental authority) walking alone.
Therefore, it is so decided as per Disposition by the assent of all participating Justices.
[Judgment of the Supreme Court (Presiding Judge) Nabri-dong and Dobri-Jaking Hanwon