The standard amount where the amount of wages is increased in calculating the loss of agricultural workers who died due to a third person's illegal act;

In calculating the amount of loss of an agricultural worker who died due to another person's illegal act, if the basic amount of profit was increased between the time of death and the time of the closure of the final argument by the fact-finding court, the amount of profit at the time of death should be based on the amount of profit as of the time of death until the day of death, but thereafter, the amount of profit should be calculated based on the amount of profit as of the time of the closing of the final argument, which is within the scope of ordinary

Articles 763 and 393 of the Civil Act

Supreme Court en banc Decision 88Meu6761 Decided November 27, 1990 (Gong1990, 350) Decided 87Meu1573 Decided November 10, 1987 (Gong1991, 224) (Gong1991, 224)

Park Jong-chul et al., Counsel for the plaintiff-appellant Kim Jong-woo, Counsel for the plaintiff-appellant

Attorney Kim Jong-soo et al., Counsel for the defendant-appellant

Busan High Court Decision 89Na7498 delivered on October 25, 1990

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

As to the Grounds of Appeal

The court below's finding the factual relation as a premise to recognize the liability of the motor vehicle owner under Article 3 of the Compensation for Automobile Accident Compensation Act is right and wrong, and there is no error of mistake of facts or violation of the rules of evidence against this, and where the victim died while engaging in the business as the source of income, the amount of loss of agricultural workers who died due to other person's illegal acts shall be calculated based on the daily income, but where the basic amount of profit was increased between the time of death and the time of completion of the final argument of the fact-finding court after the death and the time of the death, the amount of profit should be calculated based on the amount of profit at the time of the death of the previous time until the time of the death, but thereafter, on the basis of the amount of profit at the time of the conclusion of the final argument as seen above, it shall be calculated based on the amount of profit at the time of the conclusion of the final argument, and it shall be deemed that there is no error of law such as the theory

Therefore, this appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Yoon Young-young (Presiding Justice)