The timing for calculating net income that the deceased could have obtained due to a tort;

The net profit that a deceased person could have obtained due to a third person's illegal act shall be calculated at the time of the closing of argument in a case where the time when the deceased person can operate comes after the final pleading of the fact-finding court.

Article 750 of the Civil Act

Plaintiff 1 and one other

Countries

Seoul High Court Decision 66Na1221 delivered on November 11, 1966, Seoul High Court Decision 66Na1221 delivered on November 11, 1966

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

The grounds of appeal by Defendant Litigation Performers are examined.

It is interpreted that the first instance court's judgment cited by the original judgment was a witness testimony of Kim Jae-do and recognized the fact that the average monthly living cost of workers in rural communities around June 1963 was about 1,50 won. In addition, it cannot be viewed that there was an error in violation of the rule of experience in recognizing the above facts in the original judgment itself. However, it cannot be said that there was an error in recognizing another's tort, but it is the case's opinion that the deceased's net profit that the deceased's time of operation was at the time of conclusion of the trial court's final argument, and that it is a party member to calculate it as at the time of conclusion of the trial. According to this case's final judgment, the non-party 1,50 won who died from this case's death at the time of conclusion of the trial court's final judgment was not at the time of conclusion of the trial court's final judgment, and it is not at the time of conclusion of the judgment's conclusion that the above part of the judgment was at the time of conclusion of the judgment's final judgment.

Justices of the Supreme Court (Presiding Judge) Ma-dong and Kimchi-eng