The order of offsetting negligence and offsetting profit and loss

If a loss occurs due to a tort, which causes a loss, and at the same time causes a loss, and if the loss shall be offset by negligence due to negligence on the victim, the above profit shall be deducted from the amount of damage calculated first, after offsetting the negligence.

Articles 763 and 396 of the Civil Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant)

International Fire and Marine Insurance Co., Ltd. and seven plaintiffs, Counsel for the defendant-appellant-appellee)

Hyundai Merchant Shipping Co., Ltd., Ltd., Counsel for the defendant-appellant-appellee and 2 others

Seoul High Court Decision 89Na10441 Decided October 6, 1989

The case shall be remanded to Seoul High Court by destroying the part against the defendant among the original judgment.

As to the Grounds of Appeal:

According to the judgment of the court below, in calculating the amount of damages of the injured party caused by the accident of this case, the court below can find out that the injured party's fault should be deducted from the amount of damages calculated first, and then, the injured party's fault should be offset again. However, if the injured party's fault should be offset as well as the injured party's loss occurred, and the injured party's loss should be reduced as a result of negligence, the court below should deduct the above profit from the amount of damages calculated first (see Supreme Court Decision 73Da337 delivered on October 23, 1973). Thus, the court below's above judgment of the court below is erroneous in calculating the amount of damages, and this constitutes a ground for reversal of the judgment under Article 12 (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings before being amended by Act No. 4203 delivered on January 13,

Therefore, the part against the defendant in the original judgment shall be reversed, and the case shall be remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating judges.

Justices Kim Yong-ju (Presiding Justice)