Cases of incomplete deliberation on the calculation of damages

In calculating the lost loss of a deceased who has been engaged in food sales business, the judgment that the amount of remuneration is equivalent to the amount of remuneration when employing a manager who has the academic background, experience and ability to act as equal to that of the deceased is justifiable.

Articles 750, 763, and 393 of the Civil Act

Supreme Court Decision 68Da1559 Decided November 5, 1968, Supreme Court Decision 70Da669 Decided September 29, 1970

Plaintiff 1 and three others

Plaintiff 2 is a minor, and thus, the legal representative parent Plaintiff 1 et al., Counsel for the plaintiff-appellant

[Defendant-Appellant] Korea Electric Power Co., Ltd. and one other

Seoul High Court Decision 78Na2140 decided Feb. 22, 1979

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The grounds of appeal are decided.

1. The fact that the judgment of the court of first instance has become legally final and conclusive is that the electric wires in which the accident occurred with high voltage processing or (b) electric wires at 6,600 V, and in the vicinity thereof, there was no warning or danger marking or installation of protection networks even though the authorization was concentrated.

With respect to the construction of electric structures with high risk such as high voltage wire, the installer and manager of the electric installations can not perform his duty of care with regard to the prevention of danger only by observing the legal separation distance stipulated in the technical standards for electric installations and are obligated to take measures to prevent the danger of electric shock accidents according to the artificial and natural matters around the area where the high voltage wire is installed. As seen above, in such a case, there is a concentration of authorization around the surrounding areas where the high voltage wire is installed, and therefore, in such a case, he must take measures to prevent the electric shock accidents, such as covering electric wires and installing risk marks or protective networks, but the defendant, the installer of the electric wire, without taking such measures, is liable to compensate for the damage caused by the electric shock accident. Accordingly, the decision of the court of first instance maintaining the judgment of the court of first instance is acceptable, and there is no misapprehension of the legal principles as to the violation of the rules of

2. 원심판결이 식품판매업을 경영하던 망 소외인의 일실손해를 산정함에 있어 그 매상고, 종업원의 수 및 수입금 등을 참작하고 위 망인과 동등정도의 학력, 경험 및 활동능력을 가진 경영자를 고용하는 경우의 보수액 상당의 일실이익의 상실이라고 본 원심의 판단은 퍽 합리적인 조치로서 정당하며 ( 1968.11.5 선고 당원 68다1559 판결 참조) 반대의 견해로 이를 추상적인 산정이라하여 손해배상의 산정기준에 관한 법리오해 있다는 소론은 채택할 수 없다.

Therefore, the appeal shall be dismissed, and the costs of the lawsuit shall be borne by the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Jeong Tae-won (Presiding Justice)