In case the intermediate interest is deducted pursuant to the calculation method of a short-term pension, the method of calculating the lost interest in case the present rate of a short-term pension exceeds 240.

In cases where an intermediary interest is deducted pursuant to the calculation method of a period of short-term pension in 414 (in the calculation of a period of short-term pension, 36 years in which the rate of free-term pension exceeds 240) and the deduction period of short-term pension in 414 (in the calculation of a period of short-term pension, 20 years in which the rate of free-term pension is more than 20), it would result in unreasonable results that would make the current amount to be paid more than the amount of the monthly loss if the current amount is calculated by applying the current rate of free-term pension, which would exceed the amount of the monthly loss, which would result in more compensation than the amount of the loss. Therefore, in calculating the current rate of free-term pension exceeding 240, the amount of free-term pension on the numerical list shall be calculated to prevent the victim from receiving excessive compensation by applying 240

Article 763 of the Civil Act

Supreme Court Decision 85Meu819 Decided October 22, 1985

[Judgment of the court below]

Attorney Lee Jae-young et al., Counsel for defendant-appellant

Daegu High Court Decision 85Na242 delivered on October 16, 1985

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

The defendant's attorney's ground of appeal No. 3 is examined.

According to the reasoning of the judgment of the court below, the court below determined that among property damage, the plaintiff suffered nursing expenses of 120,000 won per month from the daily wage of the adult female for 432 months as the average life expectancy of the accident of this case, and calculated the current price at the time of the accident of this case pursuant to the Hofmanial Calculation Act, which deducts the interim interest of 5/12% per month, it is clear that the plaintiff is 29,614,504 won (120,000 won and 246.787534499).

However, in a case where the interim interest is deducted pursuant to the Hofman Calculation Act, the deduction period of a single pension exceeds 240 and 414 months (in calculating a single pension, 36 years after the annual rate is more than 20), which would result in unreasonable results that would make the current amount to be compensated for more than the amount of losses because the current amount to be paid would be higher than the amount to be borne by the interest per month when calculating the current premium by applying the current rate of the single pension, and thus, in calculating the current rate of the deduction period exceeding 240, the calculation of the current rate of the single pension on the numerical list should ensure that the victim would not receive excessive compensation by applying 240 regardless of whether the current rate of the single pension on the numerical list is 240 (see Supreme Court Decision 85Meu819, Oct. 22, 198).

In calculating the current price of damage caused by the opening expenses in the judgment of the court below, the application of the present price rate exceeding 240 square meters under the Madman Calculation Act shall affect the judgment by misunderstanding the legal principles on calculating the amount of damages, thereby affecting the conclusion of the judgment. This constitutes grounds for reversal under Article 12(2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc.

Therefore, without further proceeding to decide on the remaining grounds of appeal, the part against the defendant among the judgment below is reversed, and this part of the case is remanded to the Daegu High Court which is the court below for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating judges.

Justices O Sung-sung(Presiding Justice)