Where a worn-out article is damaged due to a tort, it shall be deducted from depreciation costs in calculating the exchange value, and the standards therefor;

If it is impossible to repair the damaged article due to a tort, the exchange value at the time of the damage shall be the ordinary loss, and in calculating the exchange value based on the restoration cost required to restore the article to its original state as a new material because it is impossible to purchase used materials whose useful life has already expired even though the damaged article was old (old) and so, it shall be deducted from the depreciation cost, which is the cost to reserve the new article in order to reconstruct the article according to its useful life, and the depreciation should be based on the standard construction cost, including the material cost and personnel expenses.

Articles 763 and 393 of the Civil Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Lee Dong-young et al., Counsel for plaintiff-appellant)

Korea Electric Power Corporation (Attorney Kim Jong-tae, Counsel for defendant-appellant)

Heung Industries Co., Ltd. and one other, Counsel for the plaintiff-appellant-appellee and two others

Hanjin General Construction Co., Ltd., Ltd., Law Office of Korea-U.S. Joint Law Office, Attorneys Noh Jeong-hee et al.

Seoul High Court Decision 92Na63841 delivered on August 31, 1993

All appeals by the Plaintiff and Defendant Heung Industries Co., Ltd. are dismissed.

The costs of appeal shall be assessed against each party.

1. We examine the Plaintiff’s grounds of appeal.

If it is impossible to repair the damaged article due to a tort, the exchange value at the time of the damage shall be the ordinary loss, and in calculating the exchange value based on the restoration cost needed to restore the article to its original state as a new material because it is impossible to purchase used materials whose useful life has already expired even though the damaged article was old (old) and so, it shall be deducted from the depreciation cost, which is the cost to reserve the new article in order to reconstruct the article according to its useful life, and the depreciation should be based on the standard construction cost, including the material cost and personnel expenses.

In light of the records, the court below found that the transmission line between 1980 (the 1990 judgment of the court below) and 1980 (the 1990s of the judgment of the court below is a clerical error) of the transmission line as stated in the judgment of the court below, and it should be replaced because it is impossible to repair it due to the accident of this case, and it should be replaced because it is impossible to repair it due to the accident of this case. In accordance with the appraiser's appraisal result, the disposition of calculating the amount of damages by deeming the remaining durable years to be the depreciation amount by the fixed rate method as 19 years under the provisions of the Enforcement Rule of the Corporate Tax Act, based on the standard construction expenses, including new material and personnel expenses, shall be justified, and there is no error of law

2. We examine the grounds of appeal by Defendant Dairy Industries Co., Ltd.

In examining the record, the court below rejected the defendant's assertion that the defendant's safety measures were taken between the structure of underground tea structure and the file of wood or steel material (SUPPOT) and the plaintiff's fault ratio as 50 percent in determining the scope of the defendant's compensation, and there are no errors in the misapprehension of legal principles as to mistake of facts or offsetting of negligence due to violation of the rules of evidence, such as the theory of lawsuit. All arguments are without merit.

Therefore, all appeals by the plaintiff and the defendant Heung Industries Co., Ltd. are dismissed, and the costs of appeal are assessed against each party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jong-chul (Presiding Justice)