Methods for calculating lost profit in cases where approximately 30 percent of life has been reduced due to injury;

If about 30 percent of a person's life has been reduced due to an injury, the person shall be deemed as the full loss of the labor force caused by death from the time of his/her life until the age 55, the maximum working age based on the empirical rule, and shall be calculated accordingly.

Article 750 of the Civil Act

Plaintiff

ASEAN Traffic Corporation

Seoul Civil History District Court (81 Gohap1120)

Supreme Court Decision 82Meu317 Decided August 24, 1982

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The defendant shall pay to the plaintiff 25,860,819 won with an annual amount of 5% from September 3, 1979 to the full payment system.

The costs of lawsuit shall be borne by the defendant and a declaration of provisional execution.

The part against the defendant in the original judgment shall be revoked.

The plaintiff's partial claim is dismissed.

All the costs of lawsuit shall be borne by the plaintiff in the first and second instances.

1. Occurrence of liability for damages;

In full view of the statements in Gap evidence Nos. 2 (Medical Certificate) and the result of the examination of the criminal records by the court below, the non-party, who did not dispute the establishment, was on September 2, 1979, at around 11:00, the defendant's (vehicle No. 1 omitted) taxi No. 1 attached to the defendant's (vehicle No. 1 omitted) and was on the right-hand right-hand right-hand side of the city bus (vehicle No. 2 omitted) located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, and was on the right-hand side of the road, and was in conflict with the city bus No. 2 attached to the above road where the plaintiff was on the right-hand side of the road, and there is no other evidence to view otherwise. Accordingly, the defendant is liable to compensate the damage suffered by the plaintiff due to its operation.

2. Damages;

(a) passive damage;

If Gap evidence No. 1 (No. 2), evidence No. 3 (Simplified Life Table), evidence No. 4-1, and evidence No. 4-2 (Construction Price Marks and Contents) of the same Act and the whole purport of oral argument as a result of physical examination conducted to the Chief of Seoul National University Hospital, the plaintiff is a male who is a healthy Korean person who was between 12 and 2 years old at the time of the instant accident, and the average remaining life of the same person is about 58 years old, and the number of workers who were employed in the city or rural communities was remarkably deteriorated, and about 40 percent of their labor ability was lost every year as of December 31, 1979 】 20 years old, 30 years old, 4,910 old adult city wage as of December 31, 1979 】 The plaintiff's physical examination conducted before remand 】 19 days old, and thus, 15 days old, 30 days old, 5 days old, without any special circumstances.

(The court below's physical examination results as to the head of Seoul University Hospital. Since the plaintiff can recognize the fact that about 30 percent of his/her life has decreased due to the above injury, the plaintiff may be deemed to have lost his/her actual profit since remaining 52 years of age 52 and 9 (the age 12 and 2 months of age ＋ the age 58 ＋ the age 58 x 7/10 x 7 months) who was the life-oriented life until the completion of 55 years of age, the maximum working age based on the empirical rule, and shall be deemed to have been the full loss of the labor force caused by death, and the amount of his/her actual profit should be calculated according to the plaintiff's request.

(b) aggressive damage;

According to the results of physical appraisal cited above, the plaintiff shall meet the Human Democratic History two times every month for five years after June 27, 1981, which is the date of appraisal due to the accident of this case, 80,00 won at one time, and the amount of injection shall be 80,000 won per ten days every month after the above appraisal date, and the fact that one day treatment expenses shall be 5,000 won per ten days every month, and there shall be no objections. Accordingly, the plaintiff shall calculate the amount from the date of the argument of this case 41 months later than the date of the accident 40,67.5 months later (within five years after the above appraisal date), and the above amount shall be 60,000 won per six months after the date of the above appraisal, and the amount shall be 160,500,500 won per month for six months after the date of the above appraisal 60,500 won per annum (the above amount of treatment expenses shall be deducted from the above part).

(c) The aggregate of property losses;

Therefore, the Plaintiff’s property damage amounting to KRW 17,161,239 (8,260,819 + 5,221,269 + 3,679,151). However, according to the result of the examination of the criminal record as above, the Nonparty, the driver of the instant taxi, can be found to have paid KRW 500,000 to the Plaintiff on February 19, 1980, as the amount of damages for which the Defendant would compensate, the amount of property damage to the Plaintiff would be KRW 16,61,239.

(d) Condolence money;

Since the plaintiff's injury as seen above can be recognized in light of the empirical rule that has suffered a considerable mental pain, the defendant has a duty to apply for the above injury. Considering the circumstances leading up to the occurrence of the accident in this case and the degree of injury, the plaintiff's age, family relationship, property and education, and all other circumstances shown in the argument in this case, it is reasonable to determine the consolation money to be paid to the plaintiff as KRW 2,00,000,000.

3. Conclusion

Therefore, the defendant is obligated to pay the plaintiff the sum of damages of this case at 18,661,239 won (16,61,239 +2,00,000) and damages for delay at the rate of 5% per annum from September 3, 1979 to full payment after the date of the accident of this case. Thus, the plaintiff's claim of this case is justified within the above recognition scope, and the remainder shall be dismissed without any reasons. Accordingly, the decision of the court below is different, and the defendant orders the defendant to pay 18,030,126 won which is less than the above recognition amount and 5% per annum from September 3, 1979 to full payment, but this case is unfair, which is appealed only by the defendant in accordance with the principle of prohibition of disadvantageous alteration, and the defendant's appeal shall be dismissed and the costs of appeal and the costs of appeal shall be assessed against the losing party.

Judges Kim Jong-ho (Presiding Judge)