The case which calculated on the basis of urban daily wage for a victim's actual income, who had resided in an urban area with his/her family resident registration in the rural area and had been employed as an employee of a gas station due to his/her father's business;

The case holding that the victim's lost income is calculated on the basis of urban daily wage on the ground that the victim's family living in his/her rural area is highly probable that he/she will complete military service and engage in agriculture after returning to his/her rural area, on the ground that he/she is highly probable that his/her family living in his/her rural area is not likely to return to his/her rural area and be engaged in agriculture.

Civil Act Article 763 (Article 393)

Supreme Court Decision 80Da1862 delivered on September 24, 1980 (Gong1980, 13286) 80Da1534 delivered on June 9, 1981 (Gong1981, 14054) decided April 10, 1990 (Gong190, 1039)

Plaintiff 1 and one other Plaintiffs, Attorneys Long-term and 3 others, Counsel for the plaintiff-appellee

[Defendant-Appellant] Han River Co., Ltd., Ltd., and Law Office of Han-dong and 3 others, Counsel for defendant-appellant-appellant

Seoul High Court Decision 91Na24023 delivered on October 23, 1991

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

We examine the grounds of appeal.

As to the plaintiffs' assertion that the deceased non-party who died from the traffic accident of this case should be based on the rural daily wage in calculating his actual income on the premise that he resides in the rural area, the court below acknowledged that the deceased resided in the ○ Computer Training Center located in Incheon Si-dong, Incheon, and had worked as the main source of the △△△△△dong located in the Dong-dong, Incheon, while living in Incheon, which is an urban area before the accident of this case, after completing military service, and living in the rural area with other family members, and had his resident registration. The court below did not err in the misapprehension of legal principles as to the income of the deceased's actual urban wage on the ground that the deceased's family living in the rural area, and the deceased's family living in the rural area, and the deceased's family living in the rural area. Thus, the court below did not err in the misapprehension of legal principles as to the income of the deceased's actual urban wage on the ground that it is highly probable that the deceased's actual urban wage should not be calculated based on the records.

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Chang-chul (Presiding Justice)