(a) The standards for calculating damages for the destruction of goods by tort and the damage therefrom, and the details thereof;

B. Mental damage and consolation money due to infringement of property right.

In a case where goods are reduced due to a tort, the damages shall be determined by the price at the time of the loss of the goods, and the price shall be deemed to include the profits from the present and future ordinary use and profit in the future, and mental damages caused by the infringement of the property right shall be deemed to be damages caused by special circumstances.

Article 750 of the Civil Act

Supreme Court Decision 69Da2106 Delivered on March 31, 1970

Plaintiff 1 and 22 others

Korea

Seoul High Court Decision 70Na581 delivered on November 5, 1970, Seoul High Court Decision 70Na581 delivered on November 5, 1970

The part of the original judgment against the defendant is reversed, and the case on this part is remanded to the Seoul High Court.

The grounds of appeal by the defendant litigant are examined.

The judgment of the court below held that the defendant is liable to compensate the damages suffered by the plaintiffs in the original city because the plaintiff and the plaintiff 1 lost profits that can be earned in the future from the original city, respectively, due to the illegal acts committed by the plaintiff in the course of the execution of official duties in the original city in the original city in the original city in the original city in the original city in the original city in the original city in the original city in the original city in the original city in the original city in the original city in which the plaintiff and the plaintiff 1 lost profits that can be earned in the original city in the original city in the original city in which the plaintiffs suffered from mental pain due to the fact that the trees owned by the plaintiffs in the original city in the original city in the original city in terms

However, a person who has lost an article due to a tort may claim compensation for damages arising from not only the actual damages but also the impossibility of using or making profits from the article. However, damages arising from the destruction of the article must be determined by the price of the article at the time of its destruction, and such price shall be deemed to include profits arising from ordinary use and profit in the present and future (see Supreme Court Decision 65Da1452 delivered on September 28, 1965). The amount of damages that the plaintiffs suffered from the destruction of the article at the original time due to the tort at the original time shall not exceed the price at the time of its destruction. Therefore, in calculating the amount of damages at the original time of the article at the time of its destruction, the original judgment should have determined the reasonable amount of damages at the original time of the plaintiffs' request, and the original judgment should have determined the amount of damages arising from the destruction of the article at least 10th of the original judgment should have been determined by the Seoul High Court's decision without the final judgment, and it should be deemed that the damages arising from the mental damage would have been caused by the mental impairment of the Supreme Court.

The judge of the Supreme Court of the Republic of Korea (Presiding Judge) Mag-Jak Kim Jong-young Kim Young-ho