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(영문) 대법원 1970. 5. 26. 선고 70다452 판결
[손해배상][집18(2)민,070]
Main Issues

Where a person dies due to a tort, the date of death is the date when the victim or his/her legal representative becomes aware of the damage.

Summary of Judgment

Where a person dies due to a tort, the date of death is the date when the victim or his/her legal representative becomes aware of the damage.

[Reference Provisions]

Article 766(1) of the Civil Act

Plaintiff-Appellee

Plaintiff

Defendant-Appellant

Korea Coal Corporation

Judgment of the lower court

Seoul High Court Decision 69Na630 delivered on February 18, 1970, Seoul High Court Decision 69Na630 delivered on February 18, 1970

Text

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

Reasons

Judgment on the ground of appeal No. 1 by Defendant Attorney

According to the reasoning of the judgment of the court below, the court below explained that when he attains the age of 53, he was retired from office as a mining unit and was able to engage in agricultural labor for three years until he attains the age of 55. The court below stated that the period for retirement of the above mining unit book and to be engaged in agricultural labor shall be three years for two years. In addition, it can be determined that the previous two-year mistake in the context of the previous and previous judgment, and that the one-month net income after deducting living expenses and public charges, etc. from the expected profits of the net nursing university is gold 6,00 won (the same period of light work, period of work, period of work, or monthly net income) until the end of 55 years of age, and therefore, the above error shall not be affected by the judgment below.

Determination on the second ground of appeal by such agent

According to the records, it can be seen that the plaintiff's knowledge of the damage in the claim for damages arising from the tort of this case was caused by the defendant's negligence that the non-party was aware of the property and mental damage caused by the non-party's death during the work in the 1965.4.2 of the 1965 due to the addiction of the gas oxide which was caused by the addiction of the gas oxide in the defendant's construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the construction in the defendant.

Therefore, the appeal is dismissed. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Supreme Court Judge Yang Byung-ho (Presiding Judge)

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