(a) The case affirming the court below's measures in light of knee-vise-vise's symptoms in calculating the estimated income at the time of the victim's death;

(b) The case reversing the judgment of the court below based on the Mabrid Mabrid's evaluation table, when evaluating the amount of loss of labor ability at the time of the victim's death.

(a) The case affirming the court below's measure in light of knee cut cut in calculating the estimated income at the time of the victim's death

B. In assessing the amount of loss of labor ability at the time of the death of the victim with sulna, disability rate based on the Mulna’s Mulna’s disability evaluation table is merely calculated by simply calculating the disability rate corresponding to the symptoms after the disability symptoms are fixed. Other factors such as the wearing of artificial satisfaction or the existence of rehabilitation medical adaptation training are not taken into account. If the victim worked as the captain of a small-type ship after his driver’s license was obtained after his driver’s license was obtained from the right knenae cut, if he had been employed as the captain of the small-type ship, six years has already passed since the above knee cut, and it is highly probable that the victim has recovered from the ability due to knena’s loss of labor ability at the time of the traffic accident in this case due to the installation of artificial satisfaction. Thus, the court should deliberate on the degree of loss of labor ability at the time of installation of artificial satisfaction and calculate the value of the lost labor force.

Articles 763 and 393 of the Civil Act

A. Supreme Court Decision 88Meu3473 Decided December 26, 1990 (Gong1991, 604)

[Defendant-Appellee] Plaintiff 1 and 2 others

Defendant-Appellee et al., Counsel for the defendant-appellant

Seoul High Court Decision 93Na19285 delivered on September 16, 1993

The part of the lower judgment against the Plaintiff is reversed, and that part of the case is remanded to the Seoul High Court.

We examine the grounds of appeal.

1. Examining the records, the fact-finding by the court below is acceptable, and there is no violation of the rules of evidence.

2. In a claim for damages caused by a tort, where the victim's aftermathal disability or death is not the only cause of the injury caused by the accident in question, and where the victim's aftermathal disability or death competes with the injury caused by the accident, the recognition of all damages caused by the aftermathal disability or death as damages caused by the accident in question is unfair from the standpoint of fair liability for damages in tort. Therefore, it is reasonable to impose only the amount calculated by subtracting the amount of damage corresponding to the part of the damage contributed by the victim, from the perspective of equitable liability for damages caused by the accident.

In such a case, the court should examine whether the degree of the injury of the victim was expanded or caused by the result of the death of the victim due to the concurrence with the injury caused by the king accident, and whether the rate of loss of labor ability was appraised in consideration of the victim's contribution to the king. In assessing the degree of contribution to the king, the court shall reasonably consider all the circumstances such as the cause and degree of the king, the correlation between the king, the king and the aftermath disability and the death, the victim's age and occupation, the health condition, etc. (see, e.g., Supreme Court Decisions 91Da31517, Apr. 28, 1992; 91Da39320, May 22, 1992).

3. The lost profit of a victim due to a tort may be assessed on the basis of the lost income at the time of the accident, and the value of the lost labor ability can be assessed. The calculation of lost profit can be assessed on the basis of the specific circumstances stated in the relevant case, based on which reasonable and objective expected profit can be assessed, and only one party is not required to gather it as a lawful calculation method (see Supreme Court Decision 90Da21022, Nov. 23, 1990).

4. According to the reasoning of the judgment below, the court below presumed the normal income of the deceased non-party (hereinafter referred to as the deceased") as statistical income of the high-class crew (number 04) with experience of less than one year on the report on the survey of the actual wages by occupation published by the Ministry of Labor in 1991, and determined that the deceased had already lost his labor ability of 40% and only 60% of the above statistical income of the deceased as the high-class crew of the ship could have been obtained by applying the work ability of 40% by applying the occupational grade 5 of Mabrabra ster (IV)-1. If it was recognized that the actual disability occurred and the disability was not completely overcome, even if it was obtained income without normal person after the determination of the actual disability, it cannot be concluded that there was no loss of operating ability or presumption income despite the normal limit of the victim's ability to operate, and even if it was conducted by the court of a marine officer's license examination process with the deceased's minimum ability to acquire the deceased's labor ability.

Therefore, in calculating the presumption income of the deceased, the court below’s actions cannot be said to be erroneous, taking into account the knee cut of the deceased’s right side (see, e.g., Supreme Court Decision 88Meu3473, Dec. 26, 1990).

5. However, the disability rate based on Mabrid's assessment sheet merely calculated the disability rate corresponding to the symptoms after the disability symptoms are simply fixed, and it does not take account of other factors such as the wearing of artificial satisfaction or the existence of rehabilitation medical adaptation training (Rehabilitation medical adaptation training). The plaintiff asserted that the deceased was living without any knee-vise from the right knee-on cutting, and the court below also recognized the fact that the deceased was working as the captain of a small-type ship after kne-vise-vis was employed as a seafarer after kne-vise-on cut and the deceased was employed as the captain of the small-type ship. Thus, considering the above kne-vise cut and the development of artificial satisfaction, the deceased's ability to recover from his ability due to the loss of his ability at the time of the traffic accident in this case due to the installation of artificial satisfaction, the court below should have calculated the value of his ability to work at the time of loss of his ability to work at the time of the accident in this case.

However, the judgment of the court below which concluded that the deceased had already lost 40% of his labor ability at the time of the instant accident based on the disability rate stated in the Mabrid’s assessment table, was erroneous in the misapprehension of legal principles as to the scope of the loss of labor ability or calculation of the value thereof, which led to the failure to exhaust all necessary deliberations, and the discussion is with merit within the scope of this issue

Therefore, the part of the judgment of the court below against the plaintiff is reversed and remanded. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-soo (Presiding Justice)