The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1.(a)

The base point of time for calculating the amount of damages caused by a tort shall be deemed to be the case of a tort. However, if there is time interval between the time of the tort and the time of the occurrence of the result, the time when the result of the tort is completed and the tort is completed, that is, the time of calculating the amount of damages

(1) The court may determine the amount of damages by comprehensively taking account of all the indirect facts related to the relationship between the parties revealed by the result of examination of evidence and the purport of the entire pleading, the background leading up to the occurrence of property damage, the nature of the damage, and various circumstances after the occurrence of the damage, where it is difficult to prove the specific amount of damage in light of the nature of the case, even though the existence of property damage was recognized in a claim for damages claim lawsuit due to a tort.

(2) In light of the aforementioned legal principles, the court should make every effort to investigate indirect facts on which the amount of damages is calculated, and determine the amount of damages objectively acceptable by reasonably evaluating and reasonably evaluating the indirect facts investigated in accordance with the principle of free evaluation of evidence (see, e.g., Supreme Court Decisions 2002Da6951, Jun. 24, 2004; 2002Da6951, 6968, Jun. 24, 2004).

Supreme Court Decision 2006Da3561 Decided November 29, 2007 and Supreme Court Decision 2006Da3561 Decided November 29, 2007