Whether a loss equivalent to the lost profit calculated on the basis of the wage profit to be increased in the future is ordinary loss

Although the daily profit of the wage income earner who lost the ability to work due to the tort is, in principle, calculated on the basis of the wage income at the time of the loss of the ability to work, if there are objective data which can be clearly predicted to the extent that the wage income in the future would be increased, the wage income to be increased in the future shall also be considered in calculating the lost profit. As such, the loss equivalent to the lost profit calculated on the basis of the wage income to be increased in the future constitutes the ordinary loss which is ordinarily recognized by the tort concerned.

Civil Act Article 763 (Article 393)

[Plaintiff-Appellant-Appellant-Appellant-Appellee] Plaintiff 1 and 1 other (Law No. 1990, 350) (Law No. 1993Sang, 101) (Law No. 1993Sang, 101) and 92Da14526 decided Nov. 13, 1992 (Gong193Sang, 101) and 93Da51294 decided Apr. 26, 1994 (Gong194Sang, 1465)

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

Defendant-Appellant Yang-yang, Counsel for defendant-appellant

Seoul High Court Decision 92Na46549 delivered on November 19, 1993

The part of the lower judgment against the Plaintiffs regarding passive damages is reversed, and that part of the case is remanded to the Seoul High Court.

The plaintiffs' grounds of appeal are examined.

In principle, the lost profit of a person who lost his/her ability to work due to a tort shall be calculated on the basis of the wage income at the time of the loss of his/her ability to work, but if there are objective data which can be clearly predicted to the extent that his/her wage income would be increased in the future, the amount of the profit to be increased in the future shall also be considered in calculating the lost profit. As such, the loss equivalent to the lost profit calculated on the basis of the wage income to be increased in the future shall be deemed to fall under the ordinary loss that is ordinarily recognized by the relevant tort (see Supreme Court Decision 88Meu6761, Dec. 26, 1989).

According to the reasoning of the judgment below, the court below asserted that since the main wages of the ○○ apartment management office, which the plaintiffs worked at the time of the accident, were adjusted by the increase from January 1, 1993 to the average amount of KRW 719,703 per month in accordance with the resolution of the council of occupants' representatives, the above increased wage should be calculated on the basis of the above increased wage after the above increase date, the above increased wage should be calculated on the basis of the above increased wage. However, since there is no evidence to support that the lost profit of the above increased wage claimed by the plaintiffs is a loss due to special circumstances, the above argument by the plaintiffs is rejected.

However, as mentioned above, the above damages of the plaintiffs' assertion constitute ordinary damages and cannot be viewed as damages due to special circumstances. Nevertheless, the court below rejected the plaintiffs' assertion on the ground that the damages of the plaintiffs' assertion were damages due to special circumstances and there is no evidence to acknowledge that the defendant knew or could have known of special circumstances. Therefore, the court below erred in the misapprehension of legal principles as to the scope of damages, and it is obvious that such illegality affected the conclusion of the judgment.

Therefore, the part of the judgment below against the plaintiffs regarding passive damages shall be reversed, and this part of the case shall be remanded to the court below for a new trial and determination. It is so decided as per Disposition with the assent of all Justices who reviewed the appeal.

Justices Kim Yong-sik (Presiding Justice)