[1] Whether the calculation of lost earnings is highly probable to increase in the future (affirmative)

[2] The case holding that where the injured party passed the national technical qualification examination of class 2 of the special-purpose technician and completed the registration, the lost profits after the military service can be calculated on the basis of the daily wage of the adjoining hole

[1] In calculating the lost income of a victim who lost his/her ability to work due to a physical injury due to a tort, it shall be based on the profit at the time of loss of his/her ability to work. However, in cases where there is a high probability of increasing the future profit, the profit to increase the future should

[2] The case holding that where the injured party passed the national technical qualification examination of class 2 of the special-purpose technician and completed the registration, the lost profits after the military service can be calculated on the basis of the daily wage of the adjoining hole

[1] Articles 393, 750, and 763 of the Civil Act / [2] Articles 393, 750, and 763 of the Civil Act

[1] Supreme Court Decision 83Da191 delivered on June 28, 1983 (Gong1983, 1137) (Gong1988, 1114 delivered on June 28, 198), Supreme Court Decision 96Da11501 delivered on September 24, 1996 (Gong196Ha, 3177)

[Judgment of the court below]

Tran Fire and Marine Insurance Co., Ltd. (Law Firm Baum General Law Office, Attorney Bail-won, Counsel for plaintiff-appellant)

Gwangju District Court Decision 98Na10287 delivered on April 9, 1999

The appeal is dismissed. The costs of appeal are assessed against the defendant.

The grounds of appeal and the supplemental appellate brief submitted after the lapse of the period are examined as well.

In calculating the lost income of a victim who lost his/her ability to work due to a physical injury due to a tort, it is reasonable to base the profit at the time of loss of his/her ability to work. However, in cases where it is highly probable to increase the profit in the future, the profit to increase the future should be considered (see, e.g., Supreme Court Decision 96Da11501, Sept. 24, 199

The court below, on the premise that the plaintiff's remaining male at the time of the accident at 20 years of age at the time of the accident at the time of the national technical qualification examination of class 2 of the special-purpose technician on December 30, 1996 and the registration was completed on January 7, 1997, and that there is a high probability that the plaintiff's actual profit can be earned at least as a daily wage after the completion of future military service after the completion of his future military service, the measures to be taken as the basis of the above 60,784 won, which is the daily wage at around August 1998 near the date of the closing of argument at the court below, shall be acceptable in light of the records and the above legal principles, and it shall not be deemed that there was an error of law by misapprehending the legal principles concerning the calculation of the actual profit due to illegal acts, and it shall not be deemed that the plaintiff's actual profit from the above special-purpose technician at the time of the accident at the time of the above special-purpose industry, which is more likely than the above general wage for labor.

The grounds of appeal are without merit.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Seo Sung-sung (Presiding Justice)