(a) Whether a temporary claim for damages is lawful for loss of the benefits that can be obtained periodically in the future;

B. Method of calculating profits in a temporary claim above

It is not possible to claim a temporary benefit of future gain due to a tort, on the ground that the benefit of future gain is regularly generated.

Article 750 of the Civil Act

Supreme Court Decision 66Da1942 Delivered on November 29, 1966

Plaintiff 1 and one other

Korea

Seoul High Court Decision 67Na45 delivered on September 3, 1967

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

Judgment on the grounds of appeal by Defendant Litigation Performers

In claiming compensation for damages for loss of the future benefits that can be gained by a tort, it is not possible to claim temporarily because the lost benefits occur on a regular basis in the future, and the defendant's country is guaranteed the ability to pay the benefits, and if the plaintiffs claim payment with their paid-in funds, it may not be known, but in this case, the court may not order the payment of the paid-in capital obligation of the plaintiffs.

In addition, in the case of temporary claims for the loss of benefit that can be gained in the future, the intermediate transplant among them should be deducted. In the deduction method, there is no error by the original judgment on the ground that the original judgment was based on the simple accounting corporation heading-off. (See Supreme Court Decision 66Da1942 delivered on November 29, 1966) Therefore, there is no ground for all arguments.

Therefore, the appeal is without merit, and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent of all participating judges.

Justices of the Supreme Court Dog-gu (Presiding Judge) Dog-Jak and Mag-gu Mag-gu