Calculation of lost profit of the victim who does not have any income at the time of the tort

In principle, unless there is any objective evidence that the amount of loss of income that can be obtained by a person who has died or has suffered a physical disability due to a tort is clearly clear that such profit will be increased in the future, it shall be calculated on the basis of the amount of profit earned by the victim from the occupation he/she engaged in at the time of the occurrence of the tort. The amount of loss of future income by a victim who has no certain income at the time of the tort shall be determined on the basis of the ordinary labor wages that anyone can earn by engaging in the tort, and the amount of loss of future income by a victim who has no certain income at the time of the

Articles 750 and 763 of the Civil Act

Supreme Court Decision 71Da1349 Decided July 27, 1971, 76Da2418 Decided November 8, 1977, Supreme Court Decision 85Meu1954 Decided February 25, 1986

Plaintiff

Gwangju High-speed Co., Ltd., Counsel for the plaintiff-appellant

Gwangju High Court Decision 85Na366 delivered on January 31, 1986

The part of the judgment of the court below against the defendant as to passive damages shall be reversed, and that part of the case shall be remanded to the Gwangju High Court.

The defendant's attorney's grounds of appeal are examined.

(1) As a matter of principle, the amount of loss of income that can be earned by a person who dies or who has a physical disability due to a tort shall be calculated on the basis of the amount of profit earned by the victim's occupation at the time of the occurrence of the damage, unless there is any objective evidence which shows that the profit would be increased in the future, and the amount of loss of future income by the victim who has no certain income at the time of the tort shall be calculated on the basis of ordinary labor wages that anyone would be able to obtain by his/her ordinary person, and it shall not be determined on the basis of the amount of loss of future income by considering the victim's academic background, career, etc. (Supreme Court Decision 71Da1349 delivered on July 27, 197; Supreme Court Decision 76Da2418 delivered on November 8, 197; Supreme Court Decision 85Da1954 delivered on February 25, 196).

See, etc.)

(2) According to the reasoning of the judgment below, the court below determined that the plaintiff was a female student who was under the age 19 and 6 of the year 19 who was under the first grade of the department of physical science at the Joseon University at the time of the accident at the time of the accident at issue. In calculating the plaintiff's lost income due to the tort at issue of this case, the court below did not err in the misapprehension of legal principles as to the calculation of the plaintiff's lost income without any reasonable ground, or in the misapprehension of legal principles as to the calculation of the plaintiff's lost income without any evidence, since the plaintiff graduated from the university at around February 1, 1988 at the time of the accident at issue without any specific evidence, he was able to obtain the average wage for all industries and all ages of women who were employed after graduating at the university at Korea for 399 months from March 1, 198, who had been under the investigation at the Ministry of Labor at the time of the 1983 college at the time of the accident at issue.

(3) Therefore, the part of the judgment below against the defendant as to passive damages shall be reversed, and that part of the case shall be remanded to the court below for a new trial and determination. It is so decided as per Disposition with the assent of all participating judges.

Justices Lee Jae-hee (Presiding Justice)