Whether a soldier is promoted or elevated automatically when he serves the service period prescribed by the Military Personnel Management Act.

It cannot be viewed that a soldier should be promoted or elevated naturally by serving in the military service period prescribed by the Military Personnel Management Act.

Articles 763 and 396 of the Civil Act

Supreme Court Decision 65Da1888 delivered on February 8, 1966

Plaintiff

Korea

Seoul District Court of First Instance (66A727)

1. The original judgment shall be modified as follows:

2. The defendant shall pay to the plaintiff an amount of KRW 621,773 and an amount at the rate of five percent per annum from June 5, 1966 to the date of full payment.

3. The plaintiff's remaining claims are dismissed.

4. The costs of lawsuit shall be divided into two parts of the first and second instances, and the remainder of the costs of lawsuit shall be borne by the defendant.

The Plaintiff’s legal representative shall pay to the Plaintiff the amount of KRW 1,049,330 as well as the amount at the rate of five percent per annum from June 5, 1966 to the full payment date. The Plaintiff’s legal representative shall bear the costs of lawsuit, and sought a declaration of provisional execution.

The defendant litigation performer shall revoke the part against the defendant among the original judgment.

The plaintiff's claim is dismissed, and the court cost is assessed against the defendant.

In this case, Non-party 1 died due to the process and consequence of the occurrence of the tort, and the judgment of the party member on the fact that the defendant has the obligation to compensate for the damages caused by the death of Dongin is the same as the ground in the judgment of the original court, and it will

Therefore, the average remaining life of the deceased was 35.21 years since the non-party 1 was born on December 9, 1942 by the non-party 2's testimony as stated in the above evidence Nos. 1,6, and 9, which would have been able to obtain losses. The non-party 2's average remaining life of the deceased was 35.21 years old, and such person was promoted to the Gun on August 18, 1963 and was promoted to the 2nd class of Staff on August 1, 1965, barring any special circumstance, the non-party 1 was unable to claim that the non-party 2 would have received the above salary at the age of 5 of the deceased's 1,65, and the non-party 2 would not have received the above salary at the age of 1,50,000 won for the above 3rd class of the deceased's 20,000 won. Thus, the court below's remaining amount of the above salary at the 20th class of the deceased.

In full view of Non-Party 2's testimony from Non-Party 1, 2, which is not disputed in the formation of evidence Nos. 8-1, 8-2 of the above accident, the daily wage at the time of the accident is KRW 239,00,00 within the scope of the plaintiff's claim, and monthly living expenses are KRW 2,50,00 (in the absence of any objection to the original judgment, it shall be subject thereto), and the monthly living expenses are operated for 25 days. Thus, the monthly net income is 3,475,00 ((239 x 25), and the above income can be earned every month for 258 months from the 258th month to the 120th month after the above income, so if it is calculated at the present time to receive the above income from Non-Party 2, the plaintiff is entitled to claim damages from the above KRW 179,87,00 [3,475,226.693-174.9).].

Next, we examine the part of the plaintiff's claim for consolation money.

The defendant's judgment on the part of the party members with the obligation to act against the plaintiff is the same as the reasoning of the judgment in the original judgment, and therefore, it shall be accepted. In full view of the situation of the accident, the education of the plaintiff, the degree of property, and all other circumstances revealed in the arguments, the above-mentioned amount, which the court below acknowledged as the above-mentioned amount, does not show that the above-mentioned amount is a large amount, and therefore, the party members

Thus, the defendant is obligated to pay to the plaintiff 621,773 won including 551,773 won as property loss and 70,000 won as above, and damages for delay at the rate of 5% per annum from June 5, 1966, which is the date of the occurrence of this accident to the date of full payment. Thus, the plaintiff's claim for this case shall be accepted within the above recognition limit with the reasonable ground and the remainder shall be dismissed. Since the original judgment differs from this part of the original judgment, it is decided to change the original judgment after receiving the defendant's appeal, and with respect to the cost of lawsuit, it is decided as per Disposition by applying Articles 96, 92, and 89 of the Civil Procedure Act.

Judges Han Man-soo (Presiding Judge)