The base time for calculating the amount of lost profits for the deceased victim

The amount of lost profits of a victim who died due to other person's tort shall be calculated based on the profits at the time of death in cases where the victim died while employed in a business which is the source of the income; the profits at the time of employment in cases where the time of employment has arrived between the time of the final argument after death of the fact-finding court and the time of employment in the business; and the profits at the time of the final argument shall be calculated based on the profits at the time of the final argument.

Article 763 of the Civil Act

Plaintiff (Attorney Lee Byung-ho, Counsel for the plaintiff-appellant)

Countries

Seoul High Court Decision 65Na2373 delivered on May 20, 1966

The part against the Plaintiff regarding property damage in the original judgment shall be reversed, and that part shall be remanded to the Seoul High Court.

The remaining grounds of appeal by the plaintiff (the appeal against the losing part of the above materials) are dismissed.

The ground of appeal No. 1 by the plaintiff's attorney is examined.

The amount of lost profits of a victim who died due to other person's tort should be calculated on the basis of the profits as of the date of the final argument after the death of the victim in case where the victim died in the course of his work as the source of the income. If the time of his work arrives after the date of the final argument after the death of the court of fact-finding, it would be most reasonable to calculate the amount on the basis of the profits as of the date of the final argument. According to the original judgment, it would be reasonable to determine the amount on the basis of the profits as of the date of the final argument in case the time of his work could have been employed after the date of the above final argument. In this case, according to the original judgment, the court below is reasonable to determine the amount of profits which the victim could have obtained if there was no accident of the non-party 2 (S. 20 October 20, 1960) such as the time of the original judgment that the plaintiff would have been employed in the agricultural village work from the 23th anniversary of the date of the final argument in the original judgment.

The third point of the Dong shall be examined.

In light of the records, the court below's judgment was examined in detail, and there is no error of law in finding the amount of consolation money to be paid to the plaintiff by taking into account the plaintiff's old age, living level, and all other circumstances shown in this case's pleading, which can be known by the testimony of Gap evidence No. 1 and witness No. 1, and therefore there is no discussion about the above measures.

Therefore, the judgment on the second ground of appeal is omitted, and the appeal on the part against the plaintiff (61,831 won, among the claims of KRW 979,249, the part against the plaintiff as to the property damage in the original judgment) is clearly well-grounded as to the first ground of appeal, and this part is reversed, and the case is remanded to the original judgment. The appeal on the part against the plaintiff as to consolation money (50,000 won, the claim of KRW 10,000, the part against the plaintiff as to consolation money) is so obvious as to the third ground of appeal. It is so decided as per Disposition by the assent of all participating Justices.

[Judgment of the Supreme Court (Presiding Judge) Na-man (Presiding Judge)