In case the intermediate interest is deducted pursuant to the calculation method of a short-term pension, the method of calculating the lost interest in case the present rate of a short-term pension exceeds 240.

In calculating the present value of the interim interest deduction period after 414 months (in the calculation of the annual premium, 36 years after the rate exceeds 20), in cases where the interim interest is deducted pursuant to the calculation method of premium, the victim shall be prevented from receiving excessive compensation by calculating the amount of the loss, regardless of whether the present rate of the simple pension on the numerical chart is much high.

Article 763 of the Civil Act

Supreme Court Decision 85Meu819 Decided October 22, 1985

Plaintiff 1 and 2 others, Counsel for the defendant-appellant-appellee

Cement Industry Co., Ltd., Counsel for the plaintiff-appellant and two others

Daegu High Court Decision 84Na1461 delivered on October 10, 1985

The part of the judgment of the court below against the defendant as to the damage to nursing expenses shall be reversed, and that part of the case shall be remanded to the Daegu High Court.

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

In calculating the present price for the interim interest deduction period after 414 months (in calculation of annual premium, 20 years more than 20), when the present rate of simple pension benefits is more than 240, the party member’s opinion that the victim should not be paid excessive compensation (see, e.g., Supreme Court Decision 85Meu819, Oct. 22, 1985). According to the reasoning of the judgment of the court below, it is evident that, in calculating the present rate of simple pension benefits after 414 (in calculating annual premium, 36 years) the current rate of simple pension benefits, the present rate on the numerical chart shall be 240, regardless of whether the present rate of simple pension benefits is high, so that the victim does not have to suffer excessive compensation (see, e.g., Supreme Court Decision 85Meu819, Oct. 22, 1985).

Ultimately, in calculating the current price of damage caused by the opening expenses in the judgment of the court below, applying the present price rate exceeding 240 square meters under the Act on the Calculation of Madman's Compensation for Damages is an error of law by misunderstanding the legal principles concerning the calculation of damages, which affected the judgment. Therefore, the issue of this point is with merit.

Therefore, the part of the judgment of the court below against the defendant as to opening expenses shall be reversed, and this part of the case shall be remanded to the court below. It is so decided as per Disposition by the assent of all participating judges

Justices Kim Jong-sik (Presiding Justice)