1. The part of the judgment of the court of first instance concerning the lost income damage, including the claim extended from the trial before the remanding.

In the first instance court, the Plaintiff filed a claim for damages equivalent to KRW 88,048,950 against the Defendant (i.e., medical expenses of KRW 292,660, KRW 63,756,290, KRW 24,000), and the first instance court accepted KRW 51,953,547, which is a part of the above claim (the medical expenses of KRW 175,560, KRW 36,77,987, KRW 15,00,00), which is part of the above claim.

The Plaintiff and the Defendant appealed all of them, and the Plaintiff revised the purport of the claim by making the claim amount of KRW 115,353,940 (=the claim amount of KRW 292,660) to the lost income amount of KRW 91,061,280 (the claim amount of KRW 24,00,000) before the remand.

The trial before remanded the damages amounting to KRW 51,953,583 (the cost of medical treatment costs of KRW 175,596) and the damages amounting to KRW 36,77,987,00,000 (the damages amounting to KRW 15,000 for lost income of KRW 36,77,987). The judgment before remanded the case was substantially the same as the judgment of the first instance, but the first instance court recognized KRW 292,660 for medical expenses and applied comparative negligence, and corrected the amount of the damages amount to KRW 292,60 for the calculation of the damages amount to KRW 36

Only the Plaintiff filed an appeal by asserting that the offsetting ratio of lost income and negligence was unfair in the judgment prior to the remanding.

The Supreme Court reversed the part of the judgment prior to remanding the Plaintiff’s loss against the lost income and dismissed the remainder of the Plaintiff’s appeal on the ground that the maximum working age, which serves as the basis for calculating lost income under the empirical rule, can be recognized as 65

Therefore, since the judgment of remand became final and conclusive on the part of positive damages and consolation money in the plaintiff's claim, the scope of the judgment of this court is limited to the passive damages related to lost income destroyed and remanded.

Facts of recognition

On November 23, 2015, the defendant was requested by the plaintiff to repair the E ready-mixed Vehicle E from his Dmechanic located in Young-gu, Young-si.

피고가 위 에어호스를 수리하는 과정에서 위 에어호스의 너트를 풀자 압력에 의하여 에어호스가 튕겨나가면서 피고...