Damage from actual income after the death of a person who died of an accident while serving as a military officer after university graduation;

When a victim dies while serving as a military officer after graduating from a university, it is reasonable to calculate the amount of lost income loss for the period of service after graduating from a university in Korea and being employed by the university in Korea, based on the average income of persons with experience in the military service period.

Article 763 of the Civil Act

[Plaintiff-Appellant-Appellee] Plaintiff 1 and 1 other (Law No. 803No. 958)

Plaintiff 1 and one other

Plaintiff 3 and two others

Defendant

Seoul District Court (87Gahap287 delivered on July 1, 200)

1. The part against plaintiffs 1 and 2 in the original judgment shall be modified as follows:

(A) The defendant shall pay to the plaintiff 1 and 2 an amount of KRW 37,134,521 per annum from September 15, 1986 to March 3, 198, and an amount of 5% per annum from the next day to the next day to the next day to the next day. (B) The plaintiff 1 and 2 shall each be dismissed.

2. The appeal filed by the plaintiff 3, 4, and 5 is dismissed.

3. Of the costs of lawsuit, the parts arising between the plaintiffs 1, 2 and the defendant are divided into three parts. The two parts are assessed against the defendant, the remaining one is assessed against the defendant, and the costs arising from each appeal by the plaintiffs 3, 4, and 5 are assessed against the above plaintiffs.

4. From among the parts on plaintiffs 3, 4, and 5 in paragraph (1) of this Article and the original judgment, the part on which the original judgment has not been sentenced, the provisional execution may be effected respectively;

The defendant shall pay to the plaintiff 1 and 2 an annual amount of KRW 41,529,202, KRW 3,400,00 and each of the above amounts to the plaintiff 3,50,000 and KRW 2,000 per annum from September 15, 1986 to the date of original sentence, and the annual amount of KRW 25,00 per annum from the next day to the date of full payment. The costs of lawsuit shall be borne by the defendant and the declaration of provisional execution (the plaintiff 1 and 2 shall reduce the purport of the claim to the court).

Of the original judgment, the part against the plaintiffs who ordered payment is revoked as follows.

The defendant shall pay to the plaintiff 1 and 2 an annual amount of KRW 3,00,000, KRW 1,900,000 for each of them to the plaintiff 3,4, and KRW 5,000 for each of them from September 15, 1986 to the date of a sentence of the original judgment, and the amount at each of them shall be paid at the rate of KRW 25,00 for each of them from the next day to the date of full payment.

The costs of lawsuit shall be assessed against the defendant in both the first and second instances, and a provisional execution declaration.

Defendant: The part of the original judgment against Plaintiff 1 and 2 against the Defendant is revoked, and the above Plaintiffs’ claims corresponding thereto are dismissed.

Litigation Costs are assessed against all of the above plaintiffs in the first and second instances.

1. Occurrence of liability for damages;

Among the reasons to be stated in this decision, the defendant's liability for damages against the deceased non-party 1 and the judgment on the status relationship between the deceased and the plaintiffs are identical to each of the corresponding parts in the original judgment. Therefore, they are cited in accordance with Article 390 of the Civil Procedure Act.

2. Scope of damages.

(a) Actual income:

It is clear that there is no dispute over the establishment of Gap evidence 1 (No. 1), Gap evidence 4 (Certificate of Service), Gap evidence 5 (Certificate), Gap evidence 8 (Certificate), Gap evidence 9-1, 2 (Name Mark and Contents), Gap evidence 13-1, 13-2, 13-1, 2 (Information and Contents of Report on Survey of Actual Conditions of Wages by Job), and the whole purport of oral argument of the officers who were born on April 21, 1961 and whose age is less than 25 years, and whose average is less than 41.70 years, Gap evidence 2, Gap evidence 9-1, Eul evidence 2, Eul evidence 9-1, Eul evidence 13, and were less than 5 years old, 196-1, 30 years old, 40 years old, 40 years old, 197, 196-1,6 years old, 3 years old, 198.3 years old, 198.

According to the above facts, if the accident of this case occurred, the deceased was 22 months from the above date of the accident to the scheduled date of discharge from the above service (the period of less than 21 months shall be calculated as 22 months in order to deferred calculation of the income less than 21 months). The deceased's income of 247,806 won per month while serving as a Army officer for 345 months from the next 55 years until the end of 35 years of age, and the above deceased's academic background or experience as a Army officer for 360,304 won per month during which those who experienced 3-4 years of age from university graduates in Korea can have obtained average, and for 22 months from the above accident of this case, the above deceased's income of 165,204 won (247,806 x 2/3) calculated by deducting living expenses from the monthly income of the above recognition of this case during 22 months from the above accident of this case x 360/406 months during the following month period.

However, since the plaintiffs claim the total amount of the above damage that occurred monthly from the accident at the time of the accident at issue, it shall be 65,269,043 won [165,204 x 21,074 x 306,869 x 22.15-21.074 x 074)] when calculating the present price at the time of the above standard pursuant to the Hofmanial Calculation Act that deducts the interim interest at the rate of 5/12 per month from the rate of 5/12 per annum.

The defendant asserts that the amount of money corresponding to the above deceased's death while performing official duties should be deducted from the above compensation amount to be paid by the defendant, since the above deceased's bereaved family member received survivor's pension, compensation for death, and condolence money pursuant to the Military Pension Act. Thus, in full view of the records in Gap's No. 14 (a certificate), the fact inquiry report to the Army Headquarters of the court below, and the whole purport of oral argument, the above deceased's death during the performance of official duties, and the bereaved family member of the deceased's bereaved family member received or scheduled to receive 9,120 won as survivor's pension from Oct. 10, 1986 to his survival, 247,80 won as condolence money, 2973,680 won as death compensation, and there is no other counter-proof evidence, but the above benefits under the Military Pension Act cannot be viewed as having the nature and nature of the deceased's contribution and property compensation after the deceased's death with the aim of contributing to the stabilization of livelihood and welfare of the deceased's.

(b) consolation money;

In light of the empirical rule, the above deceased's death caused considerable mental pain to the above deceased as well as the above deceased, and the facts that the above deceased suffered considerable mental pain. The deceased's age, the deceased's academic background, career, family relation, and the circumstances and result of the accident in this case, as seen above, the plaintiff 1 who was denied the deceased's death due to the above deceased's accident in this case, received or expected to receive survivors' pension, condolence money, and compensation for disaster (Death) pursuant to the Military Pension Act as seen in the above. Further, in light of all circumstances such as the fact that the non-party 2, who is the driver of the vehicle in this case, received KRW 2,00,000 from the above deceased with criminal agreement, the defendant should pay KRW 2,00,000,000, and KRW 3,4,500,000 for each of the above deceased's money to the plaintiff 1, and 2,000,000 won.

(c) Inheritance relationship;

Therefore, the damage suffered by the above deceased in the accident of this case is KRW 70,269,043 (65,269,043+5,000,000) including each of the above recognition amounts. Meanwhile, according to the evidence No. 1-1 of this case, the above deceased died on September 14, 1986 and it can be recognized that the plaintiff 1 and 2, who is his parent, became the heir of each of their common property. Thus, the above amount of damage was inherited to each of the above plaintiffs according to their respective statutory shares in inheritance.

3. Conclusion

Therefore, the defendant is obligated to pay damages for delay to plaintiffs 1 and 2 at 37,134,521 won (35,134,521 +2,000), 10,000 won for each of the plaintiffs 3,4, and 5 respectively after the date of the accident of this case, and it is reasonable to dispute about the scope of the defendant's obligation to pay damages for delay from September 15, 1986 to March 3, 198, 198. Thus, the defendant is obligated to pay damages for delay at 5% per annum of the Civil Code and 9% per annum of the Special Cases Concerning the Promotion of Legal Proceedings, etc. from the next day to the date of full payment. Accordingly, with respect to the remaining damages to plaintiffs 1 and 2, the part of the judgment of this case against the above plaintiffs shall be accepted within the above recognized point, and with respect to the remainder of the damages to each of the above plaintiffs, only 9% of the above judgment and damages for delay shall be accepted as to each of the above judgment.

Judges Shin Sung-sung (Presiding Judge) Transfer Kim Young-hun