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(영문) 대법원 1994. 4. 26. 선고 94다6628 판결
[손해배상(자)][공1994.6.1.(969),1478]
Main Issues

Whether the amount of temporary disability compensation benefits paid to the victim shall be deducted only from the amount of damage equivalent to lost profit during the period of suspension of business.

Summary of Judgment

Since temporary layoff benefits are corresponding to the lost profits during the period of temporary closure, the amount of temporary layoff benefits shall be deducted from the amount of damages equivalent to the lost profits during the period of temporary closure.

[Reference Provisions]

Article 763 (Article 393) of the Civil Act, Articles 9-4 and 11(2) of the Industrial Accident Compensation Insurance Act

Reference Cases

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Domin, Attorneys Park Jong-soo and 1 other, Counsel for plaintiff-appellant)

Plaintiff-Appellee

Plaintiff

Defendant-Appellant

Sungyang Industrial Co., Ltd., Counsel for the defendant-appellant

Judgment of the lower court

Daejeon High Court Decision 93Na1648 delivered on December 23, 1993

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

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

1. On the first ground for appeal

Since temporary disability compensation benefits stipulated in the Industrial Accident Compensation Insurance Act are corresponding to the lost profits during the period of suspension, the amount of temporary disability compensation benefits shall be deducted only from the amount of damages equivalent to the lost profits during the period of suspension (see, e.g., Supreme Court Decision 93Da34091, Dec. 21, 1993). Such purport of the judgment below is just, and there is no error of law in the misapprehension of legal principles, such as theory of lawsuit, in the judgment below.

2. On the second ground for appeal

However, according to the reasoning of the judgment of the court below, the court below did not clearly state the defendant's argument that the wages and bonuses paid by the plaintiff from October 1990 to April 192 should be deducted from the plaintiff's actual profit damage. However, according to the reasoning of the judgment of the court below, the court below did not accept the plaintiff's actual profit damage during the above period, so the above reasons do not affect the judgment. There is no reason to discuss.

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

Justices Kim Yong-sik (Presiding Justice)

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심급 사건
-대전고등법원 1993.12.23.선고 93나1648
본문참조조문