Methods of calculating lost profit for operators;

Since the income of a business operator is combined with the contribution to the business such as his labor activities, etc. and the capital he has invested, the daily profit in the case of his damage shall be calculated on the basis of the remainder after deducting the income from the capital invested from the business income.

Article 750 of the Civil Act

Supreme Court Decision 68Da1559 delivered on Nov. 5, 1968 (Supreme Court Decision 6183Da1559 delivered on Nov. 5, 1968; Supreme Court Decision 76Da2403 delivered on May 10, 197 (Supreme Court Decision 1149 delivered on May 10, 197; Decision 80Da1192 delivered on July 8, 1980

Plaintiff 1 and 7 others

Korea

Busan District Court (76 Gohap1732)

1. The original judgment shall be modified as follows:

The defendant shall pay to the plaintiff 1 the amount of 1,085,77 won, 2, 3, 4, 5, 6, and 7 the amount of 514,797 won, 407, 398 won, and each of them at the rate of 5% per annum from May 12, 1976 to the day of full payment.

2. The plaintiffs' remaining claims and the defendant's appeal are dismissed.

3. All the costs of lawsuit are divided into four parts of the first and second instances, and three parts are assessed against the plaintiffs, and the remainder are assessed against the defendants.

The defendant shall pay to the plaintiff 1 money 4,211,63 won, 2,63 won, 3, 4, 5, 663 won, and 1,81,663 won, 1,05,831 won, and 1,05,831 won to the plaintiff 8, and 2,01,663 won each at the rate of 5 percent per annum from May 12, 1976 to the day of full payment.

Litigation costs shall be borne by the defendant.

In addition to the fact that the part against the plaintiffs in the original judgment is revoked, the plaintiffs shall have the same effect as the purport of the claim.

The defendant revoked the part against the defendant in the original judgment and dismissed the plaintiffs' claim against this part.

All the costs of lawsuit shall be borne by the plaintiffs in the first and second instances.

(1) Occurrence of damages liability

Around 17:40 on May 12, 1976, Non-party 1, who is a driver of the 302 vehicle's 1/4 tons of the Sinsan Army Headquarters, was driving the above vehicle at the third head of Busan on May 17:40, 1976, and was driving the vehicle at the 6-meter radius of the 825-dong-dong-Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, and pedestrians continued to stop the above vehicle without stopping due to the breakdown of the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, and then, the defendant is liable for damages caused by the above vehicle's husband, 2, 34, 75, and 7.

(2) Scope of damages

(1) A passive damage.

If Gap evidence Nos. 5, A14, and Eul evidence Nos. 3 and 4, which are acknowledged to have been genuine by the testimony of the non-party 3, the court below, and the non-party 4 testimony of the court below and the non-party 4 (except for the portion not trusted after the non-party 4 testimony) are gathered, the above deceased remains 52 years old and still remains 55 years old and remains 55 years old, by taking into account the above facts that the non-party 1 was not the above agency's profit distribution contract between the non-party 5 and the non-party 4's testimony of the court below and the non-party 4's testimony of the court below and the non-party 5's testimony of the court below. The above company did not receive the above agency's profit distribution contract between the non-party 1 and the non-party 4's average profit distribution contract between the non-party 3 and the above agency's profit distribution contract without taking account of its ability and assets. The above company's profit distribution contract between the above 50.

Therefore, the above deceased's annual business income of KRW 1,90,764 (158,397 x 12) operated the above business at the time of this accident. The above income should be the aggregate of the contributions to the above business, such as the deceased's labor activities, and the capital invested by the deceased. Thus, the above individual's annual income should be the part which deducts the above capital from the business income. As seen above, the above individual's annual income should be 3,00,000 and the income from it should be 30% per month. Since the above amount of annual income of KRW 1,90,764 (1,90,300-3,000 x 1,764) [the above amount of annual income of the deceased x 1665% per annum, the plaintiff's annual income of less than 960,764 won per annum x 160,701,700,1000 won per annum x 16664,7060,2000.

(2) Funeral expenses.

If the witness testimony (except for the part not trusted in the rear) and the whole purport of the oral argument of the same witness as the witness testimony (except for the part not trusted in the rear) and the whole purport of the oral argument are gathered on the witness evidence Nos. 6-1 to 8 of the above witness’s testimony, the plaintiff 1 spent the above witness’s 81,100 won, 137,500 won, 120,000 won, 3,840 won, 5,840 won, 5,400 won, oil value, 23,140 won, and 370,980 won, in order to hold the funeral of the above deceased, and the plaintiff 1 sustained damages equivalent to the same amount.

However, although the plaintiffs alleged that the amount of KRW 900,000 was paid more at the expense of funeral, the part of testimony (except the part of the above belief) of the above non-party witness 4 is not trusted, and there is no other evidence to acknowledge it.

(3) Consolation money

In light of the empirical rule, the fact that the death of Nonparty 2 caused the death of Nonparty 2, who is his bereaved family, is easily recognized in light of the fact that the Plaintiffs suffered a considerable amount of mental pain, and thus, the Defendant is obligated to accept it in money. Furthermore, considering various circumstances as shown in the arguments, such as health class, the background of the accident as seen earlier, age, and personal relation, it is reasonable to pay consolation money to Plaintiff 1 as KRW 500,000 and KRW 300,000 for each of the remaining Plaintiffs.

(3) Accordingly, the defendant is obligated to pay the plaintiff 1 the above passive losses and funeral expenses, funeral expenses, consolation money, 1,085,777 won in total, and 407,398 won in total, each of the above passive losses and consolation money, and 514,797 won in total, each of the above passive losses and consolation money, and each of them shall be paid to the remaining plaintiffs at the rate of 5% per annum from May 12, 1976, which is the date of the occurrence of the accident. Thus, the plaintiffs' claim for this case shall be accepted within the above recognized scope, and the remaining claims shall be dismissed without merit. Since the original judgment is partly different, it shall be modified according to the plaintiffs' appeal, the defendant's appeal shall be dismissed unfairly, and the defendant's appeal shall be decided as per Disposition by applying Articles 96, 89, 92, and 93 of the Civil Procedure Act to the burden of litigation costs.

Judges fixed right (Presiding Judge) Dasung Kim Tae-tae