(a) The case affirming the judgment below's measures which are calculated on the basis of ordinary female victims' wages in the construction sector not in the manufacturing sector among the trade price table issued by the Korea Construction Association, for minor female victims who had been a park by a direct water manufacturing company;

(b) In cases where the realization rate of a short-term pension on the monthly numerical value table exceeds 240 months in deducting intermediary interest pursuant to the calculation method of premium (=240) where the interim interest deduction period exceeds 414 months, the realization rate of a short-term pension to be applied;

C. The case holding that, in calculating the lost income of a victim, if the court below recognized the sum of monthly revenues from the date of accident to the date of age by multiplying the maximum working age of the victim by the realization rate of a short-term pension by 240, and also by the realization rate of a short-term pension corresponding to the above period as the monthly revenues from the date of accident to the date of age of the majority, the amount of such sum is excessive compensation as equal to the amount of daily revenues from the date

(a) The case affirming the judgment below's measures which are calculated on the basis of ordinary female victims' wages in the construction sector not in the manufacturing sector among the trade price table issued by the Korea Construction Association, for minor female victims who had been a park by a direct water manufacturing company;

B. In deducting interim interest pursuant to the Fmanmanial Calculation Act, where the interim interest deduction period exceeds 414 months, and where the realization rate of a short-term pension on the monthly numerical value table exceeds 240, if the present price is calculated by applying it as it is, the amount to be received is higher than the amount of losses that the present one will suffer, thereby making the victim receive excessive compensation. Therefore, in order to prevent this, 240 shall be applied in entirety, regardless of the present rate of a short-term pension on the numerical value table.

C. The case holding that, in calculating the amount of lost income of a victim pursuant to the Hofman Identification Calculation Act, the court below calculated the amount of lost income between the age of 60 and the age of 480, the maximum working age of 60 months, by multiplying the monthly income by a single-age rate of 240, while the monthly income is calculated by multiplying the monthly income by a single-age pension rate of 22 months, which corresponds to the monthly income, from the accident that was less than the adult to the adult, and then the amount of the monthly income is calculated by multiplying the monthly income by the single-age pension rate of 22 months from the accident that was less than the above period, and that recognizing the sum as the total amount of the daily income was unjust since it was the result of excessive compensation as much as the monthly income from the

Article 763 (Article 393 of Civil Act)

B. Supreme Court Decision 86Meu1009 decided Apr. 14, 1987 (Gong1987, 794) (Gong1987, 794) 90Meu2363 decided Oct. 16, 1990 (Gong1990, 2273) 90Da15013 decided Jun. 14, 1991

Plaintiff

Defendant-Appellee et al., Counsel for defendant-appellee

Daegu High Court Decision 91Na4462 delivered on March 20, 1992

Of the lower judgment, the part against the Defendant regarding lost import damage shall be reversed, and the case shall be remanded to the Daegu High Court.

1. We examine the first ground for appeal.

In light of the records, the point of accident of this case is about 3.1 meters in width on the right side of the center line, and it is recognized that it was sufficient for the sea-going truck and the victim's bicycles to pass along together. Thus, we cannot accept the argument that the deceased non-party 1, who is the victim who was presumed to go on the right side side of the above road, was negligent in not driving the non-packaged part on the right side side side side of the above packaging road, which is the first line, and it cannot be viewed that there was any negligence on the deceased, and therefore, the decision of the court below which rejected the defendant's defense of comparative negligence is just and there is no violation of law such as the theory of lawsuit.

2. We examine the first ground for appeal.

According to the reasoning of the judgment below, the court below rejected the defendant's assertion that the wage of ordinary workers in the manufacturing sector (12,600 won per day) in the above transaction price table shall be the basis for calculating the actual income in calculating the average monthly income of the deceased, who is a minor, who obtained income of 284,660 won per month as a park of a direct product manufacturing company and died after the age of the deceased, the accident in this case, and that the wage of ordinary workers in the manufacturing sector (19,300 won per day) in the trading price table issued by the Korea Construction Association shall be the basis for calculating the actual income. It is reasonable in light of the above reasoning that the labor market in the manufacturing sector has a relatively limited and closed nature compared to the labor market in the construction sector, and there is no universal opportunity for employment, and there is no error in the misapprehension of legal principles as to how much the physical and age conditions of the manufacturing sector are adapted and the current wage level expected in the manufacturing sector as well as the above price trend, etc. wage in the manufacturing sector.

3. We examine the second ground for appeal.

In cases where an interim interest deduction is made pursuant to the Fmanmanial Calculation Act, if the interim interest deduction period exceeds 240 months, if the realization rate of a short-term pension on the monthly numerical value table exceeds 414 months, the calculation of the present amount would be higher than the monthly amount of damages that the present amount would have been borne by the victim, thereby receiving excessive compensation. Thus, to prevent this, 240 shall apply all to a party member’s case (see, e.g., Supreme Court Decision 90Da15013, Jun. 14, 1991; Supreme Court Decision 86Meu1009, Apr. 14, 1987).

However, upon examining the reasoning of the judgment below, the court below calculated the amount of lost income of the deceased under the Hofman Identification Calculation Act, and calculated the amount of lost income of the deceased for 480 months from the age of 60 to the age of 480 as the maximum working age, by multiplying the monthly income of the deceased, by the rate of 240 per annum, and calculated again the amount of net income for the period from the accident after the age of 60 to the age of 22 months from the accident during which the monthly income was below the age of majority, to the age of 22 months, by multiplying the amount of the monthly income of the deceased, by the rate of the current net income corresponding to the above period, and recognized it as the total amount of net income. Such calculation method of the court below recognized it as the result of excessive compensation as equal to the amount of net income from the above combined accident to the age of majority. Therefore, there is a reason to point this issue

4. Therefore, the part of the judgment of the court below against the defendant regarding lost import loss shall be reversed, and the corresponding part shall be remanded to the court below. It is so decided as per Disposition with the assent of all Justices who reviewed the appeal.

Justices Park Jong-ho (Presiding Justice)