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)