Where a victim injured by a primary accident dies from another secondary accident, the scope of compensation by the person causing the primary accident shall be limited.

Where a victim injured by an accident dies due to another accident, if there is no such contractual relationship as deemed that the second accident would not have occurred even if the second accident had not occurred between the two accidents, the perpetrator of the second accident should compensate only for the damage until the victim died due to the second accident.

Articles 763 and 393 of the Civil Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 2 others (Law Firm Gyeong, Attorneys Park Dong-young et al., Counsel for plaintiff-appellant-appellant-appellee)

Plaintiff

Defendant

Changwon District Court Decision 94Na1160 delivered on September 9, 1994

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

As to the Grounds of Appeal

If the victim injured by an accident dies due to another accident, if there is no such condition as the fact that the second accident would not have occurred between the two accidents, the perpetrator of the second accident shall compensate for only the damage until the victim died due to the second accident (see Supreme Court Decision 79Da156 delivered on April 24, 1979). The court below acknowledged the fact that the non-party, the inheritee of the plaintiff, was killed due to a traffic accident under the judgment of the defendant on December 26, 1992, after recognizing that the non-party, who was the deceased, was killed due to another traffic accident under the judgment of the defendant on August 25, 1993, the court below determined only the actual profit of the above non-party due to the second accident of this case until the death of the second accident of this case, and there is no reason to argue that there is any error in the theory of lawsuit.

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

Justices Kim Jong-sik (Presiding Justice)