Whether the method of calculating the lost profit shall be the method of calculating the welfare

In calculating the lost profit, it is not necessarily necessary to calculate the welfare according to the Raz-based calculation method.

Supreme Court Decision 66Da1871 Delivered on November 29, 1966

Plaintiff 1 and 2 others, Counsel for the defendant-appellant

Defendant

Seoul High Court Decision 77Na1773 delivered on November 3, 1977

The appeal shall be dismissed. The costs of appeal shall be borne by the defendant.

The defendant's grounds of appeal are examined.

A party member’s view (see Supreme Court Decision 66Da1871 delivered on November 29, 1966) that if a claim for damages is made at one time on the grounds that the income that can be earned in the future due to a third party’s tort would be lost or that the damages would be sustained continuously, it would be reasonable for the lower court to have erred by failing to calculate the welfare under the Raz Calculation Act.

Therefore, this appeal is 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 judges.

Justices Ahn Byung-soo (Presiding Justice) (Presiding Justice)