The case where there is an error of law by deducting interim interest from the medical expenses required for the dismissal of a person in an action for a tort;

The interim interest shall not be deducted in the calculation of the amount of damages, as the damages determined at the time of the occurrence of the tort.

Article 750 of the Civil Act

Plaintiff

Korea

Seoul High Court Decision 66Na3082 delivered on May 30, 1967, Seoul High Court Decision 66Na3082 delivered on May 30, 1967

The part of the original judgment against the plaintiff shall be reversed.

The case is remanded to Seoul High Court.

Judgment on the ground of appeal No. 1 by the Plaintiff Attorney

Upon review of the original judgment, the court below did not err in calculating the amount of intermediate interest calculated as actual damages, even though the court below did not deduct the intermediary interest as the damages determined at the time of the occurrence of the tort, even though the court below did not deduct the intermediary interest because it is recognized that the amount of temporary claim at the time of the accident would have reached the due date as the damages determined at the time of the occurrence of the tort, the court below did not err in calculating the amount of interim interest calculated as actual damages, and therefore there is a reasonable ground for appeal to discuss this point.

It is so decided as per Disposition by the assent of all participating Justices on the remaining grounds of appeal.

Justices of the Supreme Court Na-Ba (Presiding Judge) and Do-dong Kimchi-baking Board