Methods of calculating nursing expenses for physically handicapped persons;

It is reasonable to calculate the daily wage on the basis of the total daily wage, instead of recognizing only the amount corresponding to the hours during which a guardian actually engaged in opening a day, for physically handicapped persons who need to obtain assistance from a guardian during his/her life due to a sudden disability caused by an accident.

Article 763 of the Civil Act

Supreme Court Decision 82Meu1079 Decided November 23, 1982

[Judgment of the court below]

Incheon Sanitary Corporation (Attorney Song Young-sik et al., Counsel for the defendant-appellant)

Seoul High Court Decision 86Na2724 delivered on December 11, 1986

The part of the judgment of the court below against the plaintiff as to the opening expenses shall be reversed, and that part of the case shall be remanded to the Seoul High Court.

The plaintiff's remaining appeals are dismissed.

The costs of appeal dismissed shall be assessed against the plaintiff.

The Plaintiff’s attorney’s ground of appeal is examined.

1. On the first ground for appeal:

According to the reasoning of the judgment below, the court below found that the accident site of this case is narrow as about 5 meters in width, 20 degrees bend and bend with the right side, so it was not easy for the plaintiff to walk with other passing vehicles, and it is not easy for the plaintiff to walk with the 8 degrees, and thus, if the vehicle which has broken down is installed at this point, the driver is equipped with a parking bridge with a strong article 8 degrees, so the driver is equipped with the parking bomb to bring the boms around the vehicle to the attention, and if it is not easy for the plaintiff to simply repair the above 20 meters of the above bombs, the driver is not equipped with the parking bombs, and the driver is not equipped with the bombs of the above bombs, and if it is not easy for the plaintiff to simply repair the above 20% of the above bombs of the truck, but without any negligence, it is not possible to repair the above bombs of the truck.

2. On the second ground for appeal:

The nursing expenses for physically handicapped persons who need the assistance of a nursingman during their life due to an accident are not limited to the amount corresponding to the time the nursing person actually engaged in the opening of the nursing, but it is reasonable to calculate the daily wage based on the total daily wage (see Supreme Court Decision 86Meu2366, Feb. 24, 1987; Supreme Court Decision 82Meu1079, Nov. 23, 1982).

However, according to the reasoning of the judgment below, the court below acknowledged that the plaintiff needs to obtain assistance from a nurse during his lifetime due to the aftermath of the accident in this case. However, since there is no evidence suggesting that there is any other disability other than the second half of the plaintiff's physical function, if the plaintiff's physical function is somewhat adaptive, it appears that a simple daily life such as physical change, escape, food taking, etc. can be done by himself, and as long as the plaintiff separately cites damages for the total amount of future import loss amount and the purchase cost of the vehicle up to the life period on the premise that the plaintiff's entire labor ability has been lost, it is not recognized that there is no need for the plaintiff to act as a person engaged in general labor with the assistance of a nurse, and therefore, the opening of the plaintiff is sufficient to get the driver's body function and its degree is 4 hours per day of work of one adult working in urban ordinary daily work, and therefore, the court below did not err in the misapprehension of legal principles as to the average wage of the plaintiff 1/2.

3. Therefore, the part of the judgment of the court below against the plaintiff as to the damage from the opening of a defense unit is reversed, and that part of the case is remanded to the court below for a new trial and determination, and the remaining appeal by the plaintiff is dismissed, and the costs of appeal against the dismissed appeal are assessed against the losing party. It is so decided as per Disposition with the assent

Justices Park Jong-dong (Presiding Justice)