In case of deduction of intermediary interest pursuant to the method of calculation of a premium, the method of calculating the lost profit in case that the present rate of a single pension exceeds 240.

In case where a deduction of intermediary interest is made pursuant to the Furgical Calculation Act, in 414 months (in case of calculation of annual premium, 36 years after the rate exceeds 20), the current rate of simple pension is more than 240, and if the current rate is calculated by applying the current rate as it is, it would result in unreasonable result that the current amount would be more than the amount that would be incurred every month to compensate for more than the amount that would be borne by the interests of the current amount. Therefore, in calculating the current rate of simple pension exceeding 240, the current rate of the current rate of simple pension on the numerical list, regardless of which the current rate of the current rate of simple pension is more than 240, the victim should not receive excessive compensation by preventing the interest from exceeding the amount of the loss.

Article 763 of the Civil Act

Supreme Court Decision 85Meu819 Decided October 22, 1985, Supreme Court Decision 85Meu2352 Decided March 11, 1986

[Judgment of the court below]

Attorney Choi Yong-chul et al., Counsel for the defendant-appellant

Seoul High Court Decision 84Na4269 delivered on August 27, 1985

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

The defendant's remaining appeals are dismissed.

The costs of appeal against the dismissal of an appeal shall be borne by the defendant.

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

According to the reasoning of the judgment of the court below, the court below recognized the fact that the plaintiff was unable to conduct her own care due to brain ties, the right-hand side of the aftermath, and the strength of the urine and the urology due to the accident of this case, and received the name of the non-party, etc., who is the plaintiff from the date of the accident of this case until the date of discharge. At least one adult male male male's care is needed for the remaining life period. The wages of 8,493 won per day for the male daily work of this case around April 1983 and the wages of 3,425 won per day at the time of the closing of the argument of this case are 9,425 x 286 won per day, 360 won per month from April 10, 1983 to August 10, 1985 x 280 won per month from the date of the accident of this case, 86 won per six months from the date of the closing of argument of this case.

However, in a case where an intermediary interest is deducted pursuant to the Hofman Calculation Act, it is obvious that the current rate of the simple pension is more than 240 and more than 414 months (in calculating the annual premium, more than 20 years) for the interim interest deduction period of 414 (in case of calculating the annual premium, more than 36 years) and the present rate is applied as it is, if the present rate is calculated, the amount to be received is more than the amount to be borne by the present interest per month. As such, it would result in an unreasonable outcome that can be appropriated only with the interest of the principal and the damages, and the remaining amount should be the compensation amount as it is, as it is, the compensation amount is more than the amount to be sustained by the victim. This is unlawful because it is contrary to the fundamental purport of the damage compensation system aimed at compensating the actual damages suffered by the victim.

Therefore, in calculating the present value of a short-term pension under the Madman Calculation Act in which the present value of a short-term pension exceeds 240, regardless of the present value of a short-term pension on its numerical chart, all of 240 shall be applied in calculating the current value of a short-term pension, so that the victim may not be paid excessive compensation, so that the interest arising from the present family original does not exceed the present value of the loss. In calculating the present value of the damage caused by the opening expenses in the judgment of the court below, applying the present value of a short-term pension under the Madman Calculation Act in excess of 240 to calculate the damages amount, thereby affecting the judgment by misapprehending the legal principles on the calculation of damages amount, and therefore, the argument pointing

Therefore, the part of the judgment of the court below against the defendant is reversed, and that part of the case is remanded to the Seoul High Court, and the remaining appeal by the defendant is without merit. The costs of appeal as to the dismissal of appeal are assessed against the defendant. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yoon Yoon-tae (Presiding Justice)