(a) Whether the method of calculating the current value of the future loss is unlawful in the method of making a deduction for the intermediate interest pursuant to the subparagraph 1 of the Fremanal Calculation Act;

(b) The method of calculating the lost profit in case where the loss rate of a single-age pension exceeds 240 in case where the intermediary interest is deducted pursuant to the method of computing the loss; and

A. It is not in itself an error of calculating the present price of lost profit in the future by deducting intermediate interest from the intermediate interest under the Fmanmanmanial Calculation Act.

B. In calculating the present value of the interim interest deduction period after 414 months (in calculating the annual premium, 36 years after the rate exceeds 20), in a case where the interim interest is deducted pursuant to the Fmanmanial Calculation Act, the victim shall not receive excessive compensation so that the amount of interest arising from the present original does not exceed the amount of the loss, regardless of the present rate of the simple pension on the vertical chart, by applying 240.

Article 763 of the Civil Act

A. Supreme Court Decision 81Da588 delivered on September 22, 1981, 85Meu819 delivered on October 22, 1985, and 86Meu565 delivered on September 9, 1986

Plaintiff 1 et al., Counsel for the defendant-appellant Kim-young

Attorney Lee Young-young, Counsel for the defendant-appellant

Daegu High Court Decision 85Na1321 delivered on October 2, 1986

The part of the original judgment against the defendant regarding property damage shall be reversed, and the case shall be remanded to the Daegu High Court.

As to ground of appeal No. 2

It is the opinion of the party members that the calculation of the present price of the lost profit in the future by deducting the intermediate interest from the calculation method of the off-line interest.

In addition, when calculating the present value of the interim interest deduction period after 414 months (in calculating the current value of a short-term interest, more than 20 years) in which the present rate of the short-term interest deduction period exceeds 240, the majority opinion of the party members (see Supreme Court Decision 85Meu819, Oct. 22, 1985) that it is clear that, in calculating the present rate of a short-term interest deduction period, the present rate of a short-term interest deduction period after 414 (in calculating the short-term interest deduction period, more than 20 years) the current rate of a short-term interest deduction period should not exceed 240, so that the victim does not receive excessive compensation, regardless of the long-term rate of the present rate of a short-term interest on the numerical list, it is clear that the court below calculated the current amount of damage by calculating the present value of the loss pursuant to 467 months.

As above, the court below erred by misapprehending the legal principles as to the calculation of the amount of damages by applying the simple pension rate exceeding 240 persons in calculating the current value of the deceased's damage. This is a ground for reversal under Article 12 (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. Therefore, the argument on this point is reasonable and without examining the remaining grounds for appeal, the part concerning property damage among the original judgment shall not be reversed.

This part of the original judgment is reversed, and remanded to the Daegu High Court which is the original judgment. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Il-young (Presiding Justice)