(a) Whether the calculation of lost profit under the Act on the Calculation of Mafmanial Calculation (affirmative);

(b) In cases where interim interest is deducted in accordance with the method of computing the loss profit in cases where the loss rate of a single pension exceeds 240.

(a) It is not unlawful to compute the present price of the lost profit in the future by deducting the intermediate interest by means of a type of off-line calculation method.

B. In a case where interim interest is deducted pursuant to the Furgical Calculation Act, if the present rate of the current pension is more than 240 and the present rate is more than 36 years after the deduction period of 414 (in case of annual premium calculation, 20 and 36 years after the annual premium rate is more than 20), it is clear for repair that if the present rate is calculated by applying the current rate of the current pension, the present amount is more than the monthly amount of the loss to be borne by the present one. As such, it would result in an unreasonable result that can be appropriated only with the interest of the principal, and the remaining amount shall be the compensation amount as it is, as it is against the fundamental purpose of the compensation system for damages aimed at compensating actual damages, and thus, it is unlawful in calculating the present rate of the current rate of the simple pension under the Furgical Calculation Act, so that the present amount of the loss shall not exceed the present amount of the damage suffered by the present one by the victim through the application of the present rate of the present one.

Article 763 of the Civil Act

Supreme Court Decision 66Da1871 delivered on November 29, 1966, Supreme Court Decision 81Da588 delivered on September 22, 1981

[Judgment of the court below]

Defendant Kim Jong-ho, Counsel for the defendant-appellant

Seoul High Court Decision 84Na3352 delivered on March 5, 1985

The part of the lower judgment against the Defendant regarding property damage shall be reversed, and this part of the case shall be remanded to the Seoul High Court.

The defendant's remaining appeals are dismissed.

The costs of appeal dismissed above are assessed against the defendant.

The grounds of appeal are examined.

1. It is a party member's case that it is not illegal to calculate the present price of the lost interest in the future after deducting intermediate interest from the intermediate interest under the Hofmanial Calculation Act. (See Supreme Court Decision 66Da1871 delivered on Nov. 29, 196; Supreme Court Decision 81Da588 delivered on Sept. 22, 1981) In calculating the present price of the lost interest in the period of 358 months, the judgment of the court below cannot be deemed to be unlawful, and there is no argument to attack the judgment of the court below from the opposite opinion.

2. According to the reasoning of the judgment below, the plaintiff needs to open one adult female for 500 months from the time of the accident of this case to his name, and as such, the plaintiff paid 118,625 won per month for 28 months from the time of the accident of this case and 13,833 won per month for 118,62 and 472 months from September 27, 1984, and determined that the damage was inflicted on the same amount and calculated by applying the present value of the short-term pension under the Homan Calculation Act as it is.

However, in a case where an intermediary interest is deducted pursuant to the Hofman Calculation Act, if the present rate of the simple pension is more than 240, and the present rate is more than 36 years after 414 (in calculating a separate pension, 20 years after the annual premium rate is more than 20), it is clear for repair that if the present rate is applied as it is to calculate the present rate, the present amount is more than the monthly amount to be borne by the present one. As such, it would result in an unreasonable result that the present amount should be appropriated only with the interest of the principal and the damages, and the remaining amount should be the compensation amount as it is, as it goes against the fundamental purpose of the compensation system for damages aimed at compensating the actual damages suffered by the victim, which is unlawful. Therefore, in calculating the present rate of the simple pension under the Hofman Calculation Act, the present rate is more than 240 years, so that the present amount of damages should not exceed the present amount to be paid by the victim, regardless of whether the present rate of the present pension is the present one.

In calculating the current price of damage caused by the disbursement of nursing expenses in the judgment of the court below, applying the rate of short-term pension under the Act on the Calculation of Short-Term Pension Amount exceeding 240 shall be deemed to have affected the judgment by misunderstanding the legal principles on the calculation of damages amount, which affected the conclusion of the judgment.

3. Therefore, the part of the judgment of the court below against the defendant concerning property damage is reversed, and that part of the case is remanded to the Seoul High Court. The remaining appeal by the defendant is dismissed, and the costs of appeal are assessed against the defendant. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kang Jin-young (Presiding Justice)