[손해배상][집18(1)민,142]
The gains from the loss of a victim who was unable to engage in the previous occupation due to a tort and who is able to obtain a percent of the urban daily wages shall be calculated by deducting the income tax therefor from the previous monthly income, and then deducting the percent of the daily daily wages.
The gains from the loss of a victim who was unable to engage in the previous occupation due to a tort and who was able to obtain 50% of the urban daily wages shall be calculated by deducting the income tax therefor from the previous monthly income, and then deducting 50% of the daily wages from the previous monthly income.
Article 750 of the Civil Act
Plaintiff
Korea
Seoul High Court Decision 69Na196 delivered on September 10, 1969, Seoul High Court Decision 69Na196 delivered on September 10, 196
The part against the defendant in the original judgment shall be reversed.
The case is remanded to Seoul High Court.
The grounds of appeal by the defendant litigant are examined.
According to the reasoning of the judgment below, in calculating the Plaintiff’s loss gains, the court below explained that 19,644 won can be obtained by deducting 50% of the daily wage for the original city from 23,644 won monthly income of the Plaintiff, and recognized that 17,700 won should be lost by deducting the income tax for 23,644 won per month. However, in the same reason as the judgment of the court below, the court below should deduct 23,64 won from the income tax for 23,644 won and then, 4,000 won should be deducted again. Therefore, the court below erred in the calculation of the loss amount for the pen.
Therefore, it is so decided as per Disposition by the assent of all participating Justices on the bench by omitting an explanation of the remaining grounds of appeal and applying Article 406(1) of the Civil Procedure Act
Justices of the Supreme Court (Presiding Judge) Park Jae-dong (Presiding Judge)