The adequacy of calculating damages without deducting public charges for the income from the field sales business not withheld;

Where public charges on income accrued from the business of purchasing and selling vegetables from the place of production are not withheld, the measures that did not deduct public charges for the amount of such profit in calculating the lost profit of the victim shall not be erroneous.

Attorney Kim Young-ro, Counsel for the defendant-appellant and six others

Daegu City of Law No. 548, Dec. 18

Daegu High Court Decision 73Na467 delivered on May 9, 1974

The plaintiffs' appeals and the defendant's appeals are all dismissed.

Each costs of appeal shall be borne by each appellant.

(1) The plaintiffs' grounds of appeal and the grounds of appeal Nos. 1 and 3 by the defendant's attorney are examined.

The judgment of the court below is a matter belonging to the exclusive jurisdiction of the judge of the court below. However, the court below recognized that the plaintiffs' monthly average business profit at the time of the traffic accident in this case's heir's heir's heir's heir's heir's property heir's 80,000 won and his average monthly living cost was 30,000 won and the year when he could operate was 55 years of age by examining the records, there were no errors of illegality or other errors in the evidence in the process of finding facts in the original judgment.

In addition, in light of the facts and circumstances leading up to the occurrence of the above traffic accident duly established by the original judgment, the measures that the original judgment calculated the amount of damages that the defendant should compensate for as to the lost interests of the above deceased, taking into account the negligence in the above net salt farm that was processed in the occurrence of the above accident, is justifiable, and there was no error in the misapprehension of the legal principle of comparative negligence, which led to the excessive or insufficient assessment of the negligence of the above deceased, and even in calculating the amount of consolation money that the defendant is liable for compensation to the plaintiffs,

(2) We examine the second ground for appeal by the defendant's attorney.

The judgment of the court below recognized that the above net salt dong had been engaged in the sales business by purchasing 10 years prior to the death of the accident in this case from the production site to Daegu and Seoul, and transporting her products to the production site. Since public charges on such income are not withheld, the original judgment did not err in the measures that were based on the calculation of the lost profits of the deceased in this case without deducting public charges on the amount of their profits. The argument is without merit.

If it is true that each appeal is without merit, all of the appeals are dismissed. The costs of appeal are assessed against each losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Byung-ho (Presiding Justice)