Scope of compensation for damage caused by loss of profit if a person who sustained an accident commits suicide.

In the event that a person injured by an accident commits suicide, unless there is a condition relationship between the accident and the death, the damages due to the loss of profit based on the accident should be calculated only until the time of his/her death, and it would be wrong to make the basis for calculating the lost profit until the average life is completed.

Articles 763 and 393 of the Civil Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 2 others (Law Firm Gyeong, Attorneys Park Dong-young et al., Counsel for plaintiff-appellant-appellant-appellee)

The next half of the year and two others

Attorney Lee Jae-chul et al., Counsel for the defendant-appellant

Seoul High Court Decision 89Na23317 delivered on March 29, 1990

The part of the lower judgment against the Defendant regarding property damage is reversed and that part of the case is remanded to the Seoul High Court.

The defendant's remaining appeals are dismissed.

The costs of appeal against the dismissed portion shall be assessed against the defendant.

We examine the grounds of appeal.

According to the reasoning of the judgment of the court below, in determining the occurrence of damages of this case, the court below cited the evidence No. 6 (Death Certificate) in addition to the evidence of the judgment of the court of first instance, with the exception of adding "Plaintiff's relocation file" as "non-party relocation file" as "non-party relocation file," and cited it as the ground of the judgment of the court of first instance, and, in calculating the lost profit from the accident of this case of the above relocation file, it is clear that he was injured as stated in the judgment of the court of first instance as a result of the accident of this case, he was to be engaged in mining or rural daily labor until 5

However, as determined by the court below, according to the evidence Nos. 6 (Medical Certificate of Death) that caused the accident of this case and the plaintiff's death on January 8, 1989, the defendant shall only compensate for damages until the death of the said movement movement movement movement movement, unless there is a conditional relationship between the accident of this case and the death of the said movement movement movement movement movement movement movement movement movement movement movement movement movement movement movement after taking a b3:00 on April 13, 1987 as determined by the court below.

Furthermore, according to the above death diagnosis report, since the above relocation metal died by hanging trees in the village mountain, it is difficult to readily conclude that there exists any condition relationship between the accident of this case and the death of this case.

Nevertheless, the lower court’s finding of the death of the said resettlement metal as the basis for calculating the amount of the average 55 years of age without any reasons should have affected the conclusion of the judgment by misapprehending the legal doctrine on the scope of damages and failing to exhaust all necessary deliberations.

This point is with merit.

The defendant did not pay the grounds of appeal as to the consolation money portion even if he appealed to the entire judgment of the court below.

Therefore, the part of the judgment of the court below against the defendant regarding property damage is reversed and remanded to the court below. The remaining grounds of appeal are dismissed. The costs of appeal against the dismissed portion are assessed against the defendant. It is so decided as per Disposition by the assent of all participating Justices.

Justices Ansan-man (Presiding Justice)