Main Issues
The case holding that recognized the maximum working age of an engineer of a construction company by age 60
Summary of Judgment
It is reasonable to recognize the service period of a construction company technician who had worked in technical affairs of the construction company prior to the accident by the age of 60.
[Reference Provisions]
Article 750 of the Civil Act
Plaintiff-Appellee
Plaintiff 1 and two others, Attorneys Park Sang-young et al., Counsel for the plaintiff-appellant
Defendant-Appellant
Korea
original decision
Seoul High Court Decision 79Na3479 delivered on February 29, 1980
Text
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
The grounds of appeal by the defendant litigation performer are examined comprehensively.
According to the testimony of the witness non-party 1 and the evidence of the first instance court cited by the judgment of the court below, the victim non-party 2, the victim of this case, was a construction engineer at the time of the accident and had been engaged in technical affairs of the construction company at the time of the accident. The period of service of the technician, such as the above deceased, was sufficiently recognized, and the fact that the service period of the construction company can be up to 60 years of age can be sufficiently recognized, and the evidence in the records are reviewed, and the court below set-off 20 percent of the amount of damages for the reason that the negligence of the above victim was concurrent due to the accident in this case, and the measure of the court below was just in calculating the amount of damages. Therefore, since there is no illegality in violation of the rule of experience, such as theory of lawsuit, or there is no error of law
Justices Presiding Justice (Presiding Justice)