To calculate the actual income of private taxi business entities (new acquisition);

Cases where monthly income is assessed as KRW 600,000 in calculating the lost income of a private taxi driver;

Article 763 of the Civil Act

Plaintiff 1 and two others

Defendant Stock Company

1. The defendant shall pay to the plaintiff 1 the amount of 35,198,931 won, 28, 421, 404 won, and each of the above amounts to the plaintiff 28,421, 404 won, and 5% per annum from August 7, 1986 to June 11, 1987, and 25% per annum from the next day to the day of full payment.

2. Each of the plaintiffs' remaining claims is dismissed.

3. The costs of lawsuit are divided into four parts, one of which is the plaintiffs, and the other is the defendant's each.

4. A provisional execution may be effected only for one half of the amount under paragraph (1).

The defendant shall pay to the plaintiff 1 the amount of 49,029,206 won, the amount of 37,641,582 won per annum from August 7, 1986 to the delivery date of a copy of the complaint of this case, and the amount of 25 percent per annum from the next day to the same day.

The judgment that the lawsuit costs shall be borne by the defendant.

1. Occurrence of liability for damages;

In full view of the entries in evidence No. 2-1, 2, 3 (Written Indictment), evidence No. 12-3 (Protocol of Trial), 9 (Report of Traffic Accidents), 12 (Examination Statement), 13, 14 (Report of Traffic Accidents), and 11 (Judgment No. 14), Nonparty 1, who is the driver of the city bus No. 1, the defendant-owned (vehicle number omitted) drives of the above vehicle at around 7:40 on August 16, 1986, driving the above vehicle at the speed of 70 km, 60 km, 60 km, 60 km, 12 (Report of Traffic Accidents), 12 (Report of Traffic Accidents), 13, 14 (Report of Traffic Accidents), and 11, 16:40, and 3, at the same time, did not change the direction of the above vehicle to the right side of the vehicle to the left side of the above 5 km road.

According to the above facts, the accident of this case occurred due to the negligence of Non-party 1's discovery of a person who proceeded in the course of the accident without the right of way at the point of the accident, and the above bus was caused by the negligence of allowing the plaintiff 3, 4, and 5 to enter the opposite line beyond the central line. Thus, the defendant is liable to compensate for the damages suffered by the plaintiffs who are their own and their family members due to the accident of this case caused by Non-party 3, 4, and 5's operation as a person who operated the above vehicle on his own behalf. In addition, the defendant is liable to compensate for the damages suffered by the non-party 3 due to the damage of the above personal taxi owned by Non-party 1 due to the accident of this case caused by Non-party 1's negligence in the operation of the above bus.

2. Scope of damages.

A. The deceased non-party 3's lost income

(1) Without dispute over each establishment, Gap evidence Nos. 1 and 2 (No. 1 and 2), Gap evidence No. 3 (Driver's license certificate), Gap evidence No. 4 (Driver's license certificate), Gap evidence No. 9-1, 2 (Simplified life certificate, content), Gap evidence No. 10-1, 2 (the response to quality and distribution by age), and the fact-finding report by job classification issued by the Ministry of Labor in 1986 of the 1986 issued by the Ministry of Labor, the following facts can be acknowledged as to the deceased non-party 3, and no other evidence exists to reverse this.

(A) Gender, age, and life expectancy: A person who is a normal male who was born on September 30, 1941 and was born 44 years old at the time of the accident, and the average female life of the Republic of Korea is 24.78 years.

(B) Family relationship: The deceased non-party 3 and the deceased non-party 4 are the same children of the deceased non-party 5, and there are plaintiffs 1, 2, and 3.

(C) Career and occupation: A person who continued to engage in driving service after obtaining a Class 1 driver's license in 1969, and has been engaged in personal taxi transportation business since he newly acquired a Class 1 driver's license in 1978.

(d) Import level and income status

At the time of the accident, the monthly average revenue of the people operating the private taxi transport business in Seoul is about 1,00 won, and the monthly average operating expenses is about 206,716 won, 6,236 won for vehicle maintenance expenses, insurance premium 18,492 won, taxes and public charges, 28,787 won, depreciation costs, 66,950 won, and 328,081 won, which is 743,819 won (=1,071,00-327,181) and the monthly average revenue of the business, which is calculated by subtracting the expenses from the gross income, is about 743,819 won (=1,071,00-327,181).

The wage level of the vehicle driving companies employed with experience of not less than 10 years difficult to occur is 367,378 won per month, and the annual special pay is 596,692 won, and 417,102 won per month.

(E) Private taxi transport business license system: A person who has obtained a license from the Minister of Construction and Transportation under the Automobile Transport Business Act can only engage in a passenger taxi transport business, and barring special circumstances, his/her license is prohibited, and his/her license is required to engage in a non-accidentless driving career exceeding the period stipulated in Article 15 of the Enforcement Decree of the same Act. In particular, in the case of new acquisition, his/her license is granted in the order of many years of accidentless driving experience as well as his/her license, so his/her license is advanced and safe to obtain the license, such as the above deceased, and he/she can transfer his/her license at a reasonable price, such as other property rights, regardless of new acquisition or acquisition, and if the license holder dies, he/she can succeed to or transfer the license to another person.

(f) A operating year: A private taxi transportation business operator may operate until the end of 55 years of age.

(2) In addition, in light of the above facts, the monetary value of the ability to operate, which serves as the basis for calculating the lost income of the deceased, shall be assessed to the extent of KRW 600,00 per month, as seen in paragraph (4) below, as the living cost of the above deceased is assessed to the extent of KRW 1/3 of the above appraised value.

(3) Therefore, on the basis of the above-mentioned facts and the matters assessed by this court, 11-year won (133 months) from the date of the accident after the accident (i.e., 40,442,690 won (=600,000 x 10672519 x 2/3) from the date of calculating the remainder after deducting living expenses from the total assessed values on the operational ability of the deceased during the period of loss of the deceased during the period of time, according to the method sought by the plaintiffs.

(4) The Plaintiffs asserted that Nonparty 3, who run the instant self-owned taxi transport business before Nonparty 3 was suffering KRW 743,819 from the monthly average net income in front of Nonparty 3’s difficulty in the instant accident, and thus, would be able to calculate the amount of lost import loss.

Therefore, it is reasonable to regard the lost income as a monetary total value for the lost operation ability in calculating the amount of damages due to a health class and a false personal accident. In determining the amount of damages, barring special circumstances, it shall be based on the amount of income actually earned by the victim at the time of the accident. If the victim is a personal taxi transport business operator, such as the deceased, his/her actual income (net income) is obtained by combining the real capital provided for business other than his/her operation ability and the license rights protected by the law, such as a kind of property right, and thus the total amount of net income cannot be deemed as the assessment amount for his/her operation ability.

Therefore, in determining the appraised value of personal taxi transport business operator's ability to operate, in light of its safety and skilledness, it is more than the average wage level of general taxi drivers with such training experience, and it is less than the net income of the business in consideration of the capital and the contribution portion of the license, and it is less than the net income of the business. The difference between the business operator's age and driving experience, the difference between safety and skilledness in driving function according to the classification of whether a new acquisitor or a new acquisitor is a transferee, the value of the vehicle as physical capital provided for the business, the acquisition price of the license as invested capital in the case of a new acquisitor, the acquisition price of the license as invested capital in the case of a new acquisitor, the reflective interest in the business income due to the national policy consideration of the private taxi transport business license system, the business status of an individual taxi business operator who is difficult to use the accident, and other circumstances. Accordingly, in this case, it is reasonable to determine the average average amount of the income of the above general taxi operator's newly acquired capacity in the above method as above, within the limit of average average average amount of 600 days.

B. The deceased non-party 4's lost income

(1) In full view of the contents of evidence Nos. 1 and 2, evidence Nos. 9-1, 2, and 8 and 13-1, and evidence Nos. 8 and 13-2 (each building price sign, content thereof), which were adopted earlier, the following facts as to the deceased Nonparty 4 may be acknowledged, and no other evidence exists to reverse this.

(A) Gender, age, and life expectancy: The average life expectancy of a woman who was a healthy woman of March 20, 1942, who is 44 years old at the time of the accident, and then is 31.49 years old.

(B) Family relationship: The deceased non-party 3 who is her husband, and the deceased non-party 5, the plaintiff 1, 2, and 3, who is her husband.

(C) Residence, etc.: A family head office at the time of an accident, who was residing in an urban area.

(D) Actual income: The wage of the urban woman, who is difficult to conduct an accident, is KRW 4,800 per day, and thereafter, it is difficult to conclude the argument in this case, which is KRW 5,100 per day.

(e) A operating year: A operating date on average 25 days each, until the end of 55 years of age.

(2) In addition, in light of the above facts, the monetary assessed value of the capability to operate, which serves as the basis for calculating the lost income of the deceased, shall be determined on the basis of the wage level of the above part of the city in the above city in accordance with the monthly wage level: ① for four months from December 6, 1986, up to the time when the above wage was increased after the accident, 120,000 (=4,800 x 25), ② monthly amount of KRW 127,500 (=5,000 x 5,100 x 25), and the living expenses of the deceased shall be determined on the basis of the above appraised amount of KRW 1/3 of the above appraised amount.

(3) Therefore, based on the above-mentioned facts and the facts assessed by this court, the remainder calculated by deducting living expenses from the total assessed value of the loss of the deceased’s operating capacity during the 11 year and 7 months (i.e., 139 months) from the total assessed value of the loss of the deceased’s operating capacity after the accident is based on the method of Hofman Accounting at the rate of 5/12 per month is as follows.

(A) For four months after the accident, until December 6, 1986.

gold 120,000 x 3.9584704 x 2/3 = gold 316,707 won

(B) for 135 months thereafter until 55 years old;

gold 127,500 】 (109.47217829-3.9584704) x 2/3 8,968,633 won

(C) Total amount of KRW 316,707 + gold of KRW 8,968,633 = gold of KRW 9,285,340

C. The deceased non-party 5's lost income

(1) In full view of the contents of evidence Nos. 1 and 2, evidence Nos. 9-1, 2, and 13-1, and 2 (construction price marks, contents thereof) adopted earlier, the following facts as to deceased Nonparty 5 may be acknowledged, and no other evidence exists to reverse this.

(A) Gender, age, and life expectancy: The average life expectancy of a woman who is a healthy woman of April 21, 1969, who is 17 years old at the time of the accident, and then is 56.74 years old.

(B) Family relationship: The deceased non-party 3, the deceased non-party 4 and the plaintiff 1, 2, and 3, who are siblings.

(C) Academic background, etc.: A person was residing in an urban area at the time of an accident and was in high school.

(D) Actual income: The wage of the urban female, which is difficult to conclude the argument, is KRW 5,100 per day.

(e) A operating year: the deceased may operate on a monthly average 25 days from the time of the accident to the time of the end of at least 55 years of age.

(2) In addition, in light of the above facts, the monetary assessment of the operating capacity, which serves as the basis for calculating the lost income of the deceased, shall be based on the monthly wage level of 127,500 (i.e., 5,100 x 25) based on the monthly wage level of the woman in the above city, and it is reasonable to evaluate the living expenses of the deceased as required for 1/3 of the above assessment amount.

(3) Therefore, based on the above-mentioned facts and the facts assessed by this court, the remaining amount after deducting living expenses from the total assessed value of the operating ability of the above deceased for the period of 36 years (432 months) (i.e., the total assessed value of the loss of the deceased) after the accident was conducted within the scope of the life lease of the above deceased (i.e., the period of operation) shall be 19,331,135 won [i27,50 won x 258.284650-3082-30,595285)] x 2/3, and 2/3 after the accident was conducted after the accident, but it shall be deemed that the accident was operated from the time when 33 months have elapsed since the accident was claimed by the plaintiffs in order to calculate the monthly unit according to the method requested by the plaintiffs] among them, it shall be recognized that only KRW 19,313,711,10,000 won is recognized.

(d) Expenses for automobile repair;

The fact that the amount of KRW 2,00,000 is required for the repair cost of the private taxi owned by the deceased non-party 3, who was damaged by the accident of this case, is not a dispute between the parties. Therefore, the above deceased suffered damages equivalent to the above repair cost due to the accident of this case.

(e) consolation money;

In light of the empirical rule that Nonparty 3, 4, and 5 died due to the instant accident, and the plaintiffs in the family relationship as well as the above are sufficiently recognized that they suffered a considerable mental pain, the defendant has a duty to pay monetary or mental pain. Considering the above deceased and the plaintiffs' age, family relations, the circumstances and result of the instant accident, the degree of negligence on the defendant's side, and other various circumstances shown in the instant argument, the defendant should pay 5,00,000 won for consolation money to Nonparty 3, 4, and 5, and 2,000,000 won for each of them to Plaintiffs 1, 2, and 3, respectively.

(f) Inheritance relationship;

Plaintiff 1, 2, and 3 were the children of Nonparty 3 and Nonparty 4 at the same time. According to the evidence Nos. 1 and 2 of the above, Nonparty 3, as at the time of the death of Nonparty 1, as the head of Australia, and all of the plaintiffs did not have any counter-proofs. Thus, the right to claim compensation of KRW 47,442,690 (=40,442,690 + 2,00,005,00 + 05,000) including the property damages and consolation money of Nonparty 3, 47,442,690 (=440,442,690 + 2,50,000 + 50,000) were jointly inherited by each of the plaintiffs according to their statutory shares, and thus, Plaintiff 1 was 20,332,581 won (=47,42,4690 x 3050 x 105,3945,5457,29).

3. Conclusion

Therefore, the defendant is reasonable to resist the scope of the defendant's obligation to pay 28,421,404 won (=13,55,054 +12,86,866,00,000) to the plaintiff 1 (20,332,581 + 12,866,350,000), the plaintiff 2 and 3 respectively (=13,555,054+12,86,350 +2,00,000) and the defendant's obligation to pay 35,198,931 won (20,332,581 +12,86,350,000). Thus, the defendant shall apply Article 3 (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the date of the accident of this case from August 7, 1986 to June 11, 1987.

Judges Lee Jin-jin (Presiding Judge)