In addition, in calculating import loss rate by applying the labor disability loss rate when failing to wear hearing aids although the rate of labor disability is different depending on whether to use hearing aids as a result of physical appraisal (negative)

If the rate of loss of ability to wear hearing aids is recognized differently as a result of physical appraisal, if the rate of loss of ability to use hearing aids is different, an amount equivalent to the expenses for using hearing aids cannot be separately recognized. If the amount equivalent to the expenses for using hearing aids is admitted, the rate of loss of ability to use such hearing aids should be applied. However, it is contradictory to the reasoning that the court below separately admitted the amount equivalent to the expenses for using hearing aids in calculating and citing the loss rate of ability to use the hearing aids when the court below did not wear the hearing aids.

Articles 763 and 393 of the Civil Act

[Judgment of the court below]

Incheon si Co., Ltd., Counsel for the defendant-appellant

Seoul High Court Decision 89Na6237 delivered on April 27, 1989

The judgment below is reversed and the case is remanded to Seoul High Court.

We examine the grounds of appeal.

The court below acknowledged the fact that the plaintiff suffered injury from brain injury, etc. due to the accident in the instant case, and recognized the fact that the plaintiff lost 40 percent of his ability to work as a pressle as a result of the fact-finding inquiry report, despite having received treatment by suffering the above injury, and based on the result of the fact-finding inquiry conducted by the head of the Synish Hospital Hospital Hospital in the Synish as well as the result of the fact-finding inquiry, and recognized the fact that the plaintiff lost 40 percent of his ability to work as a pressle, and recognized the amount of future profit loss, and separately

However, according to the physical appraisal report of the first instance court of the Symna Hospital Symnae University Sym Hospital (Preparation of Non-Symnae and Kim Jong-nam), which is employed by each lower court, the use of hearing aids for the left-hand side along with the hearing disability of the Plaintiff’s both sides. According to the supplementary inquiry report to the first instance court of the same hospital (Preparation of Kim Jong-nam), if the Plaintiff did not wear hearing aids, the rate of his labor ability loss is 54% as the press hole, 40% for telegraph, 26% as the press hole, and 15% for telegraph with hearing aids, and 40% for telegraph as other reference matters, and if he did not wear hearing aids and did not use them differently, it is deemed that the lower court did not separately recognize the amount equivalent to the expenses for hearing aids when he did not use the hearing aids, and thus, it does not constitute a ground for calculating the amount equivalent to the expenses for hearing aids when he did not use the hearing aids.

Therefore, the judgment of the court below is reversed, and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Jong-soo (Presiding Justice) Lee Chang-soo Kim Jong-won