[1] Criteria for calculating lost income of the victim of a tort

[2] The case reversing the judgment of the court below which calculated the income on the basis of urban daily wage, where the victim who acquired a national technical qualification certificate was found to be engaged temporarily in singing room in the atmosphere of call-up for military service

[1] In calculating the lost income of a victim who lost his/her ability to work due to a physical injury due to a tort, it is reasonable to determine the amount of profit at the time of loss of his/her ability to work. However, in cases where there is a high probability of increasing the amount of profit in the future, the profits

[2] The case reversing the judgment of the court below which calculated the victim's lost income as the daily wage of urban daily workers on the ground that the victim, who acquired the national technical qualification certificates of class 2 and class 2 of class 2 of class-2 of class-2 and class-2 of class-2 for employment after graduation from the humanities high school, was engaged temporarily in singing room workers in the atmosphere of call for military service, and that the victim was highly likely to engage in daily workers more than daily workers after the victim completed or was exempted from military service, and that he was employed as the first half before the judgment of the court below

[1] Articles 393, 750, and 763 of the Civil Act / [2] Articles 393, 750, and 763 of the Civil Act

[1] [2] Supreme Court Decision 79Da579 delivered on May 2, 1979 (Gong1979, 11985) Supreme Court Decision 80Da1732 delivered on January 13, 1981 (Gong1981, 13631) / [1] Supreme Court Decision 83Da191 delivered on June 28, 1983 (Gong1983, 1137) (Gong114 delivered on June 28, 198)

Plaintiff (Attorney Kim Jae-mo, Counsel for the plaintiff-appellant)

Samsung Fire & Marine Insurance Co., Ltd. (Attorney Kim Young-soo, Counsel for defendant-appellant)

Seoul District Court Decision 95Na42231 delivered on January 17, 1996

The part of the judgment below against the plaintiff as to passive damage shall be reversed, and that part of the case shall be remanded to the Panel Division of the Seoul District Court.

We examine the grounds of appeal.

In calculating the lost income of a victim who lost his/her ability to work due to a physical injury due to a tort, it is reasonable to base the profit at the time of loss of his/her ability to work. However, in cases where it is highly probable that the profit would be increased in the future, the profit to increase in the future should be considered (see Supreme Court Decision 80Da1732, Jan. 13, 1981).

The lower court, on June 8, 1992, acquired the national technical qualification certificates of class 2 and class 2 of the tobacco processing technician on July 27, 1992. However, in light of the fact that the Plaintiff did not have engaged in an occupation related thereto from the date of acquisition of the above qualification certificates until the date of the instant accident, and rather, at the time of the accident, he had been engaged in an income equivalent to KRW 350,000 per month while working as a water at a business establishment called “the Efemblum room for the Eflblblblblblblblblst”, the Plaintiff’s income at the time of the accident cannot be evaluated as equivalent to the daily wages of the Eflblblblblbr. Moreover, the Plaintiff’s employment with the first half of October 5, 195 in the instant lawsuit, rejected the Plaintiff’s claim against the Plaintiff’s claim seeking the lost income based on the daily wages for the urban workers.

However, the record of this case shows that the plaintiff was temporarily employed on September 1, 1993 by leaving Seoul, which is his domicile, and singing for 2 months from the time of the accident, after the plaintiff graduated from the Sweak High School and again obtained a certificate of qualification for employment, the plaintiff was exempted from convening the Sweak High School for the purpose of military service as above, and then was exempted from convening the Sweak High School for the purpose of employment on January 1, 1994. It is difficult to view that the plaintiff was temporarily employed as a singing employee during the call for military service. Thus, it is difficult to find that the plaintiff did not have an intention to work as a singing employee in the future on the ground that it is difficult for the plaintiff to find that the two or the plaintiff, who acquired the above certificate of qualification for two or more Sweak High School for the purpose of employment again, as a sweak High School for the purpose of employment, and it is difficult to recognize that the plaintiff was employed as a sing employee or exempted from military service.

Therefore, on the ground that the Plaintiff’s income at the time of accident cannot be evaluated as the daily wage of anti-public sector, the lower court did not properly examine and determine the probability of being employed as the primary anti-public sector, and did not err by misapprehending the legal principles as to the calculation of the lost income, or by failing to properly examine it. Therefore, the issue of this point is with merit.

Therefore, the part of the judgment below against the plaintiff as to passive damages shall be reversed, and that part of the case shall be remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jong-soo (Presiding Justice)