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(영문) 서울고법 1967. 2. 8. 선고 65나2576 제4민사부판결 : 상고
[손해배상등청구사건][고집1967민,66]
Main Issues

Examples recognized that they may be engaged in as workers for rural day until the age of 60

Summary of Judgment

A healthy father at the time of an accident who was engaged in self-agriculture may continue to engage in daily work in rural communities until the age of 60.

[Reference Provisions]

Article 750 of the Civil Act

Reference Cases

[Plaintiff-Appellee] 4292 Civil and 467 decided July 7, 1960 (Law No. 5995, Law No. 750(24)510 of the Civil Act)

Plaintiff, Appellant

Plaintiff 1 and one other

Defendant, appellant and appellant

Korea

Judgment of the lower court

Seoul Central District Court (65A4117) of the first instance trial (Supreme Court Decision 65Da4117)

Text

The original judgment shall be modified as follows:

The defendant shall pay to the plaintiff 1 an amount of KRW 374,902 in 20,00 and an amount of KRW 50,000 per annum from October 20, 1964 to the date of full payment. The remaining claims of the plaintiff, etc. are dismissed. All the costs of lawsuit shall be divided into three parts, and the two parts shall be borne by the defendant, and the remainder shall be borne by the plaintiff, etc.

Purport of claim

The plaintiff et al. shall pay to the plaintiff 1 601,507 won a sum of 50,000 won and 50 percent per annum from October 20, 1964 to the full payment day. The plaintiff et al. shall seek a judgment and a provisional execution declaration that the lawsuit cost shall be borne by the defendant, and the defendant shall dismiss the plaintiff et al.'s claims. The plaintiff's claims shall be dismissed. The plaintiff's claim shall be assessed against the plaintiff.

Purport of appeal

The defendant shall revoke the part against the defendant in the original judgment. The defendant's claim against the plaintiff, etc. shall be dismissed, and all the costs of the lawsuit shall be borne by the plaintiff, etc.

Reasons

(1) On October 19, 1964, the non-party 2's testimony of the court below No. 1 (judgment) which is not disputed, collected the entire purport of the pleadings of the parties, and the non-party 1's testimony of the non-party 1, which is acknowledged as the authenticity of the above testimony of the court below. On October 19, 1964, the non-party 2's disease belonging to the Air Force School around 384 + (1/2) the fixed driver's disease belonging to Dong school and the non-party 3, non-party 3, and the non-party 1, the non-party 2's act of maintaining the right-hand side of the above vehicle, which is recognized as the non-party 1's act of keeping the above 0-day safe road or keeping the left-hand side of the vehicle at the speed of 30-day, after taking advantage of the situation that the non-party 2's act of keeping the above 3-day high speed of pedestrians and the left-hand.

(2) The following: 1. The plaintiff 1 paid the above injury to 3.0 5 ; 2. 3. 5 ; 4 ; 5 ; 7 ; 11 ; 6. 9 ; 1. 7 ; 1. 6 ; 1. 9 ; 1. 10 ; 1. 6 ; 10 ; 4. 6 ; 10 ; 5 ; 9. 6 ; 10 ; 10 ; 1. 6 ; 1. 10 ; 9 ; 10 ; 4. 6 ; 10 ; 10 ; 10 ; 5. 6. 7 ; 4. 7 ; 5. 7 ; 196 ; 1. 7 ; 4. ; 5. ; 4. ; 7. ; 5. ; 5. ; 5. ; 5. 5. 6. 7. ; 5. 5 ; 5. 5. 7. ; and 5. 7. . . . 1. . 1. 1. . 1. . .

(3) The following facts are determined as to the above profits that the plaintiff 1 would have accrued if he had not sustained the above injury. Gap 7, Gap 1, 13, and testimony of non-party 4 (other than non-party 4's testimony) for 6 months after the above 5-month period of 9.1, the plaintiff 1 was engaged in the above 5-month farming, and the plaintiff 2 was not entitled to receive the above 9-day income for 6-month period of 7 years from the above 5-month date of 9.1, the total amount of 9-day income of non-party 2, the plaintiff 6-day income of non-party 2, and the plaintiff 6-day income of non-party 9-6, the total amount of 9-day income of non-party 2, and the plaintiff was not entitled to receive the above 9-6-day average labor force for 16-day period of 7 years from the above 9-day date of 196.

(4) Finally, according to the above evidence evidence No. 1 cited earlier, the plaintiff No. 1's wife is recognized, and according to the result of the examination of the court below, the plaintiff No. 1 was unable to carry out a movement on the left-hand side of the upper-hand side due to the above injury, the plaintiff No. 1 was reduced, and the plaintiff No. 1 was found to have caused severe mental harm to the plaintiffs due to the above injury (no. al., it is obvious in light of the empirical rule that the plaintiff et al. was living in the upper-class area in rural community, and as recognized by the non-party No. 4's testimony of the court below, it was found that the plaintiff et al. was living in the upper-class area as well as the circumstance and circumstances of the above recognition and other various circumstances revealed in this case, and as to the plaintiff No. 1, the amount of the plaintiff et al.'s mental injury with the defendant et al. should be viewed as the plaintiff No. 20,200 won.

(5) Therefore, the defendant shall pay the plaintiff 1 a sum of KRW 304,902 and KRW 70,000,000,000, and the plaintiff 2 shall be obligated to pay the above amount of money and KRW 20,000,00,000. Thus, the plaintiff et al.'s claim that the plaintiff et al. shall pay the defendant the above amount of money and the damages for delay at the rate of 5% per annum from October 20, 1964 to the date following the accident occurred, is justifiable within the above recognition scope, and the part of other claims shall be partially accepted and dismissed as it is without merit. Accordingly, the judgment of the court below shall be modified as to the burden of litigation costs, and it shall be decided as per Disposition by applying Articles 89, 92, 93, and 96 of the Civil Procedure Act.

Judges Kim Jung-so (Presiding Judge)

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