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(영문) 대법원 1992. 10. 27. 선고 91다39368 판결
[손해배상(자)][공1992.12.15.(934),3246]
Main Issues

(a) Methods of claiming compensation for damages in cases where the loss of lost profits or medical expenses, assistive equipment costs, and nursing expenses is continuously incurred in the future due to a disability in the future;

(b)the appropriateness of recognizing facts under any one of the different appraisal results.

(c) The case holding that two adult male children's nursing is necessary for the victim, who, alone, is unable to live daily, such as meals, clothing, etc. due to aftermathy, etc. of the part below the whole part;

Summary of Judgment

A. In a case where a person has lost profits that could be obtained in the future due to the aftermath disorder of the injury inflicted by a tort or has sustained losses that need to continue to be paid for medical expenses, auxiliary equipment expenses, or nursing expenses in the future, a claim for compensation for such damages may be filed with a fixed-term fund. A claim for compensation for damages may be filed after deducting the intermediate interest therefrom, and a claim for the payment of the fixed-term or lump-sum payment may also be filed by the court according to its judgment.

B. If there are several different appraisal results with respect to the same matter, it is legitimate unless it violates the rules of experience or logic.

(c) The case holding that two adultnams need to be opened on a day to the victim, who, alone, is unable to live daily due to aftermathy, such as the complete paralysis of the part below the wooden part, etc.;

[Reference Provisions]

(a)Article 763 of the Civil Code (Article 393); Article 187 of the Civil Procedure Act;

Reference Cases

A. Supreme Court Decision 90Meu26102 Decided Nov. 9, 1990 (Gong1991,51) (Gong1991,851) decided Jan. 25, 1991 (Gong1991,851) 91Da36628 decided Jan. 21, 192 (Gong1992,897) 2. Supreme Court Decision 88Da21210 decided Apr. 10, 1990 (Gong190,1037), 91Da16075 decided Aug. 13, 1991 (Gong191,2353), 91Da4674 decided Apr. 10, 192 (Gong1992,15439) 195Da369499 decided Apr. 19, 195 (Gong1969, Apr. 19, 1992)

Plaintiff-Appellee

[Judgment of the court below]

Defendant-Appellant

Attorney Cho Byung-ho et al., Counsel for the defendant-appellant

Judgment of the lower court

Seoul High Court Decision 91Na11393 delivered on September 19, 1991

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

We examine the grounds of appeal.

1. On the first and second points

According to the reasoning of the judgment of the court below and the judgment of the court of first instance as cited by the court below, when comprehensively taking account of the following evidence at the time, the plaintiff was parked at the right side of the road of 7 meters wide without a line display at 560,000 in Seoul 8Ra 6171, which is operated by the defendant for the defendant around 09:0, Feb. 3, 198. If the defendant loaded the above truck at a speed of 10 meters above that of the above truck and the boxes were loaded on the right side of the road of 5,00 meters wide without a line display at 560, the court below and the court of first instance found the plaintiff's negligence near the above box at a speed of 5 kilometers per hour, and found the plaintiff's negligence at a speed of 20 meters near the above box and caused damage to the plaintiff's 4,500,0000,0000,0000.

In light of the records, the court below's determination of the above accident and the comparative negligence set-off ratio is deemed legitimate, and there is no error of misunderstanding of facts or misunderstanding of legal principles due to incomplete deliberation, as pointed out in the theory of lawsuit. All appeals on this part cannot be accepted.

2. On the third ground for appeal

A. In a case where a person loses the future profit due to the aftermath of the injury inflicted by a tort, or where a person is obliged to continue to pay medical expenses, assistive equipment expenses, or nursing expenses in the future, a claim for compensation for damage may be filed with a fixed-term fund. A claim for compensation for damages may be filed after deducting the intermediate interest and calculating the current price. In such a case, the court may also order the payment of the fixed-term or lump-sum payment according to its judgment (see, e.g., Supreme Court Decisions 91Da32862, Mar. 27, 1992; 90Meu26102, Nov. 9, 199).

In addition, if the facts were to be recognized in accordance with one of the different appraisal results in the same matter, it shall be deemed lawful unless it violates the rules of experience or logic. According to the reasoning of the judgment below, the court below acknowledged the reduction of names due to the plaintiff's subsequent disability, and ordered a lump-sum payment of damages on the premise that 15 percent of the plaintiff's remaining life 33.90 may be reduced from among the three appraisal results presented by the doctor Kim J-ho, among the three appraisal results, the court below's order the lump-sum payment of damages on the premise that the plaintiff's remaining life 33.90 may be reduced, and the above measures of the court below are acceptable unless it is found that the above evidence was clearly erroneous. In addition, it cannot be concluded that the court below erred by misapprehending the legal principles as to the plaintiff's lump-sum payment request by ordering the payment of lump-sum in lump-sum, and did not explain the reasons for not ordering the regular prohibition. The appeal in this part

B. According to the reasoning of the judgment below, the plaintiff, as a male who was 36 years old and 11 months old at the time of the accident, has been suffering from complete paralysis of the part below 36 years old at the time of the accident, and after the treatment has been completed, it is judged that the amount equivalent to the urban daily wage of 2 adult male male for at least 24 hours at the time of the opening of the accident, was required due to the aftermath of the part below, the aftermath of the gym, the gymal, the complete paralysis of the gym, the complete paralysis of the gymal, the complete paralysis of the gym, the part of the part, the part of the gymnas, the part of the gymnas, the part of the gymnas, the part of the gymnas and the part of the gymnas and the part of the gymnasium function, and the part of the burine.

3. Therefore, the defendant's appeal 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.

Justices Song Man-man (Presiding Justice)

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심급 사건
-서울고등법원 1991.9.19.선고 91나11393