[위자료등][공1978.4.15.(582),10673]
Standard for calculating the lost profit of a person who has been driving without a license for mid-term season;
Since the act of operating a mid-term pilot without a license for the mid-term pilot is prohibited by Article 19 and Article 34 subparagraph 7 of the mid-term Operator Control Act, it is not possible to calculate the lost profit of the victim on the basis of the profits that can be gained by the act prohibited by law.
Article 750 of the Civil Act, Article 19 of the Mid-Term Management Act, and Article 34 subparag. 7 of the Mid-Term Management Act
Supreme Court Decision 72Da46 delivered on February 29, 1972
Plaintiff’s Attorney Noh Jae-il
Attorneys Park Chang-chul et al., Counsel for the defendant
Seoul High Court Decision 76Na3420 decided July 5, 197
1. Of the lower judgment, the part of the lower judgment exceeding the amount equivalent to five percent per annum from September 10, 1975 to the full payment rate is reversed, and the case is remanded to the Seoul High Court.
2. The remaining appeals are dismissed.
The grounds of appeal by the defendant-appellant are examined (the supplementary appellate brief is subsequent to the deadline for submitting the appellate brief, to the extent of supplement in case of supplemental appellate brief).
With respect to the second ground:
On September 9, 1975, the court below rejected the plaintiff's allegation that the plaintiff's right hand was illegal, because the plaintiff's act did not fit the plaintiff's work situation and caused the non-party to operate the middle machine in accordance with the new title, and caused the non-party to the above middle machine interest knife to knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.
With respect to No. 1:
The court below held that there was a fact that the defendant company employed the company as a mid-term driver without a mid-term driver's license because the plaintiff did not have a mid-term driver's license, and paid monthly wage of 65,000 won per month. The court below calculated the plaintiff's passive amount of damages caused by the accident in this case under Article 19 of the Mid-Term Management Act. According to Article 19 of the mid-term Operator's license examination implemented by the Minister of Construction and Transportation, the person who intends to operate the mid-term operator without a license shall be punished by imprisonment for not more than 6 months or by a fine not exceeding 30,000 won under Article 34 subparagraph 7 of the same Act, and therefore, it cannot be viewed that the act of operating the mid-term operator without a license of the mid-term operator is prohibited by law, and therefore, it cannot be viewed as a ground for citing the plaintiff's claim for profits.
Therefore, since the judgment of the court below is unlawful to the extent that it differs from the above opinion, the same part (negative) is not reversed, and the remaining part (the part that cited the above claim) is dismissed, so it is so decided as per Disposition by the assent of all participating Justices.
Justices Min Jae-chul (Presiding Justice)