(a) Requirements for compensating for future medical expenses for which the expected period has already elapsed at the time of closing a fact-finding hearing;

B. Whether a claim for damages equivalent to the nursing expenses is filed

A. The expected amount of damages, such as future medical expenses, shall be the actual amount of damages. Thus, if the expected period has already elapsed at the time of the closure of the arguments at the fact-finding court, the damages in the past portion may be compensated only for the actual amount of damages.

(b) Where a person living in a family suspends his/her family for the purpose of the nursing, the person living in a family may claim compensation for the loss of the family care expenses due to the suspension of business, or claim compensation for the amount equivalent to the nursing expenses regardless of whether the victim actually paid the nursing expenses.

Articles 750 and 763 of the Civil Act

A. Supreme Court Decision 80Da1578 delivered on June 9, 1981, 83Meu2191 delivered on November 26, 1985

[Defendant-Appellee] Plaintiff 1 and 3 others

Attorney Park Jong-ok et al., Counsel for the defendant-appellant

Seoul High Court Decision 85Na710 decided August 22, 1985

The part of the judgment of the court below concerning active property damage among the part concerning the defendant's failure shall be reversed, and that part of the case shall be remanded to the Seoul High Court.

The appeal as to the remaining part of the defendant is dismissed.

The costs of appeal against the dismissal of an appeal shall be borne by the defendant.

1. We examine the ground of appeal No. 1 by the defendant's attorney.

According to the records of the case, the plaintiff has become a sporadic sporadic sporadic sporadic spodic spodic spodic spodic spodic spodic spodic spodic spodic spodic spodic spodic spodics and spodic spodic spodic spodics, etc., and the plaintiff needs regular physical spodic spodic treatment, blood, spodic spodic spodic spodics, etc., and continuous spodic spodic spodic spods and spodic spodic spods, etc., such as spodic spodic spodic spods

However, since the expected amount of damages as above should be the actual amount of damages, such as future treatment expenses, if the expected amount of damages has already occurred at the time of the closure of the arguments at the court of fact-finding, the damages in the past portion may be paid only to the actual amount of damages (see, e.g., Supreme Court Decision 80Da1578, Jun. 9, 1981; 80Da1578, Nov. 26, 1985; 83Da2191, Nov. 26, 1985). Therefore, the court below should assess the amount of damages for the plaintiff's future treatment expenses without any hearing at the court of the court below as to this point, by considering whether the expected treatment expenses have been actually incurred at the time of the closure of arguments at the court of fact-finding, or whether such expenses will be incurred in the future. However, the court below's determination of damages for future treatment expenses should be made without any further deliberation at the court below's decision.

2. We examine the second ground for appeal by the defendant's attorney.

As seen above, the opening expenses of the court below at the time of the trial is expected to be incurred in the future, such as the future treatment expenses, and this also can be compensated only for the damages actually incurred.

However, the above nursing expenses can be claimed for compensation of the amount equivalent to the nursing expenses regardless of whether the father or the injured party claims compensation for the lost interest due to the suspension of business or actually disbursed the nursing expenses (see Supreme Court Decision 81Meu737, Apr. 13, 1982).

In this case, according to the statement of No. 11-1 and No. 11-2 (Certification of Experience) and the testimony of Kim Tae-tae, which was rejected by the court below, the non-party 1, who is the plaintiff's children, retired from each workplace held office as of Jan. 17, 84 for the denial of the plaintiff, and the non-party 2, who is his father, retired from each workplace as of April 27, 84 for the same reason, and thereafter, it can be recognized that the above three persons continued to attract the plaintiff. Thus, from August 24, 1984, the date on which the court below requested the above opening expenses, it is evident that the plaintiff can claim compensation of the amount equivalent to the opening expenses regardless of the actual spending of the opening expenses.

Therefore, the decision of the court below ordering the defendant to compensate for the above opening costs is just, and there is no reason to believe that there is no illegality such as the theory of lawsuit or incomplete hearing.

3. Therefore, since the defendant's appeal as to active property damage among the part against the defendant in the judgment below against the defendant is well-grounded, it is reversed and remanded to the court below for further proceedings consistent with this Opinion. The appeal as to the remaining part is without merit. Accordingly, the costs of appeal as to the dismissal of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges

Justices Shin Jong-sung (Presiding Justice)