Calculation of lost earnings and future increase profits;

The profit from loss of work by tort shall be calculated on the basis of the profit at the time of loss of work force, but in case where there are objective data which can clearly be predicted to increase the profit from the loss of work force, the profit from the increase in the loss of work force shall also be considered in calculating the profit from the loss of work force.

Articles 750, 763, and 393 of the Civil Act

Supreme Court Decision 76Da2418 Delivered on November 8, 1977

Plaintiff’s Attorney Noh Jae-il

Attorney Cho Young-chul et al., Counsel for the defendant-appellant

Seoul High Court Decision 78Na1450 delivered on February 22, 1979

The appeal shall be dismissed. The costs of appeal shall be borne by the defendant.

The defendant's attorney's grounds of appeal are examined.

In a case where the plaintiff's loss of labor force is expected to be caused by the tort, and the amount of damages shall be calculated based on the profit at the time of loss of labor force. However, in a case where there are objective data which can be predicted to increase the future profit, the profit to be increased in the future should be considered in light of the above precedents (see Supreme Court Decision 76Da2418, Nov. 8, 197). In this case, according to the facts established by the court below, the plaintiff's average wage was calculated based on the average wage rate of 7 months before the commencement of the work of this case, 197: 40 :40, 197, 197, 300, 197, 197, 197, 275, 197, 275, 275, 197, 300, 500, 197, 40,000,000 won.

The issue is groundless.

Therefore, this appeal is without merit, and it 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 on the bench.

Justices Kim Yong-chul (Presiding Justice)