(a) Method of calculating the loss rate of labor capability in computing the passive loss caused by tort;

(b) Method of determining the scope of future treatment expenses to prevent the aggravation of sick conditions;

(c) Validity of an agreement to receive a specific amount of damages for torts and to waive the remainder of claims;

(d) Scope of compensation, in cases where a testamentary gift is caused by an accident and the skings of the victim are concurrent;

(a) In calculating the negative loss suffered by the victim of tort, even if the rate of loss of labor ability is applied by the method of applying the rate of loss of labor ability, the rate of loss of labor ability shall not be a simple physical disability but rather a victim’s age, level of education, nature of previous occupation, degree of occupational experience and skill training, occupational ability and degree of skills, degree of physical function and skills, and probability and probability of occupational change in occupation and similar occupation or other occupation, and other social and economic conditions, based on the empirical rule.

B. Medical treatment is not solely aimed at the pre-treatment or full recovery of sick duty, but also for the prevention of aggravation of sick duty or the extension of life. Therefore, the necessity of future treatment is recognized to prevent the aggravation of sick duty. In this case, medical treatment expenses can be claimed only to the extent that there is a proximate causal relation with tort. Therefore, in determining the reasonableness of medical treatment expenses, the necessity of the treatment act in question, the reasonableness of the remuneration for the medical treatment should be examined along with the period of the treatment in question. To do so, the range should be reasonably determined by excluding the possibility of emergency high-amount medical treatment expenses or low-amount medical treatment expenses, taking into account all the circumstances, such as the degree of injury, treatment, content, recovery, and general medical treatment expenses (in particular, medical insurance fees).

C. It is reasonable to deem that it is impossible to accept a claim for damages exceeding the agreed amount on the ground that the tortfeasor and the injured party agreed to receive a certain amount of amount and to waive the remaining amount of claim for damages due to a tort after the occurrence of the damage later. However, in a case where the above agreement was reached, it is reasonable to interpret the claim for damages that the injured party renounced at the time of the agreement as merely for the damages that could have been predicted at the time of the agreement, but it is not reasonable to interpret the claim for damages that could not have been anticipated at the time of the agreement as follows.

D. It is reasonable to impose the corresponding amount of compensation according to the degree that the victim contributed to the occurrence of the subsequent legacy, if the subsequent legacy of the victim caused by a traffic accident is not the only cause for the occurrence of the accident, but the subsequent legacy between the accident and the victim's kings are concurrent, it is reasonable to view that imposing the corresponding amount of compensation is fair burden of damages.

Article 763 of the Civil Act

A. Supreme Court Decision 85Meu538 delivered on March 25, 1986, Supreme Court Decision 80Da1568 delivered on November 25, 1980 D. Supreme Court Decision 76Da1877 delivered on September 13, 197, Supreme Court Decision 86Da112 delivered on April 14, 1987

[Judgment of the court below]

Attorney Park Jae-chul, Counsel for the defendant-appellee-appellant

Daegu High Court Decision 86Na282 delivered on December 2, 1986

According to the plaintiff's final appeal, the part against the plaintiff among the damages claim for lost profits in the original judgment and the damages claim for future treatment costs, shall be reversed, and the case shall be remanded to the Daegu High Court.

The plaintiff's appeal against the claim for consolation money is dismissed.

The defendant's appeal reversed the part against the defendant's property damage claim based on the original judgment, and remanded the case to the Daegu High Court.

The defendant's appeal against the claim for consolation money is dismissed.

The costs of a final appeal to the part dismissed shall be borne by each person.

1. As to the ground of appeal by the Plaintiff’s attorney:

(1) According to the reasoning of the judgment below, the court below determined that the plaintiff, who was 32 years of age at the time of February 27, 1984, was unable to lead a normal social life due to the aftermath of mental disability and the aftermath of ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic ethic e.

In order to determine the above facts, according to the medical examination data employed by the court below, since the medical examination data are generally reported about 50% of the medical physical disability rate and almost all of them can not be engaged in the technical examination, even in the method of applying the loss rate of labor ability in calculating the passive damage suffered by the victim of illegal activities, the loss rate of labor ability shall not be a simple physical disability rate but a victim's age, the degree of education, the nature of the previous occupation, career and skill training, the degree of occupational experience and skills, the possibility and probability of occupational career and skills in the previous occupation, the degree of occupational ability and other similar occupation or occupation, and other social and economic conditions in accordance with the empirical rule, and thus, it is necessary to derive a reasonable and objective labor disability rate (see Supreme Court Decision 85Meu538 delivered on March 25, 1986). Based on the above basis, in addition to the above physical disability level of the victim as seen above, his personal reasons (such as the degree of education, the previous occupation, career and experience) as well as the occupational ability of experience.

(2) The court below rejected the plaintiff's claim for medical expenses on the premise that this part of the plaintiff's claim on the premise that the above medical treatment is essential in the future, since it is difficult to acknowledge that the plaintiff's claim for medical expenses in the future is in need of medical treatment, and there is no other evidence to support the plaintiff's claim. Rather, considering the plaintiff's present condition, there is no possibility of medical treatment as well as the possibility of medical treatment in the future because it is difficult to expect the defense of symptoms as well as the possibility of medical treatment in the future. Accordingly, the court below's determination is based on the premise that the need is recognized only when the possibility of medical treatment or the defense of symptoms is expected.

However, medical treatment is not only aimed at the improvement or full recovery of symptoms, but also for the prevention of aggravation of symptoms and the extension of life, so the need for future treatment is recognized in order to prevent aggravation of symptoms.

In such a case, it is possible to claim compensation only to the extent that there is a proximate causal relation with the tort. Therefore, in determining the reasonableness of the amount of remuneration for the medical treatment in question with the necessity and period of the treatment act in question, the reasonableness of the amount of compensation for the medical treatment should be reviewed. To do so, it should be reasonably determined by excluding the possibility of emergency high-amount medical expenses or low-amount medical expenses by taking into account all the circumstances such as the degree of injury, content of treatment, recovery, universal level of medical expenses in the society (in particular

Therefore, the court below should not dismiss the plaintiff's claim for medical expenses in the future on the grounds as seen above, but should have deliberated and concluded the above several points.

In the original judgment, there is no misapprehension of the legal principles as to future medical treatment costs, or there is an error of law such as incomplete deliberation and violation of the rules of evidence, and there is a good reason to criticize this.

(3) Other theories are too insufficient, but considering all the circumstances revealed in this case, the amount of consolation money calculated by the court below is reasonable, and therefore, it is not reasonable to discuss.

2. As to the ground of appeal by Defendant’s attorney

(1) If the perpetrator and the injured party have agreed to receive a certain amount of compensation for damages from tort and to waive the remaining amount of compensation after the occurrence of damage after the agreement, it shall be deemed that it is impossible to accept the claim for damages exceeding the agreed amount on the ground that there was an ex post facto damage. However, if the agreement was reached as above, it shall be interpreted that the damage claim was limited to the damages which was anticipated at the time of agreement, and if the agreement was reached, it shall be interpreted that the injured party has renounced the right to claim compensation for the damages which could have been anticipated at the time of agreement, but it shall not be interpreted that the injured party has renounced the right to claim compensation for the damages after the occurrence of active medical expenses or post-treatment which could not have been anticipated at the time of agreement. Therefore, the court below did not make a conclusion that the judgment below erred in the misapprehension of the rules of evidence, based on the factual basis of the reasoning of the court below, and on the premise that the plaintiff had passed after the completion of treatment of the injury to the injured party.

(2) If a testamentary gift by a victim of a traffic accident is not the only cause for the accident, but the occurrence of the accident and the king of the victim are concurrent, it is reasonable to impose the equivalent amount of compensation depending on the degree that the accident contributed to the occurrence of the result of testamentary gift (see, e.g., Supreme Court Decisions 76Da1877, Sept. 13, 197; 86Meu112, Apr. 14, 1987).

According to the court below's determination as to this case, the plaintiff suffered from the accident of this case 1 to the accident of this case 5% of the work ability of this case, but 5% of the work ability of this case was lost due to the occurrence of the external emeral disorder, which was issued directly due to this emeral disorder, but the subsequent emeral disorder of this case was 46% of the work ability of this accident since the plaintiff caused this emeral emeral emeral emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric emeric

However, it is reasonable to evaluate that the Plaintiff’s plastic disease is an external chronic disease, which is an external chronic disease, is supported by the appraisal data of the lower court’s employment, and that the Plaintiff’s pathy is an unstable pathy or cardio-cerebral mythy, and thus, the Plaintiff’s pathy is a unique disease to the Plaintiff’s character or physical characteristics. Accordingly, if we look at this point, it is reasonable to evaluate that the Plaintiff’s pathy contributed to the said pathy as one of the main factors unless there are special circumstances, such as reasonable dissenting opinion of experts, etc., and therefore, the Plaintiff should have ordered the Defendant to compensate for all damages incurred by the Plaintiff related to the pathy.

Nevertheless, the court below recognized that the degree of contribution of the king was 5% and considered in calculating passive damages. Moreover, the court below ordered the defendant to compensate for the whole amount of money recognized without offsetting the plaintiff's claim for nursing expenses or medical expenses, which is the plaintiff's claim related to legacy, without considering it at all, is not erroneous in the misapprehension of legal principles as to the apportionment of damages, or it committed a violation of reasons, non-conformity or inconsistency. Therefore, the argument that points this out is reasonable.

(However, the lower court’s judgment on this point cannot be erroneous because the expenses for sexual surgery are losses unrelated to legacy.

(3) The court below's decision that the plaintiff should be entitled to the title of one adult woman due to the post-explication during the period of life is just and correct, and there is no violation of the rules of evidence against the rules of evidence and incomplete hearing.

(4) According to the reasoning of the lower judgment, the lower court determined that the Defendant’s agent’s assertion that the negligence of the Plaintiff’s failure to wear the safety labellingt attached to the accident taxi at the time of this accident conflicts with the occurrence of this accident or the expansion of damage, the testimony by the witness at the trial alone is insufficient to recognize the fact that the safety labellingt was installed in the above taxi, and there is no other evidence to acknowledge this otherwise.

However, according to Article 22-2 (1) 1 of the Road Transport Vehicle Security Rules (see, e.g., Article 23 (1) 1 of the Motor Vehicle Safety Rules), the seat seat level should be attached to the seat of the motor vehicle at the time of the accident, and according to the Oral Rule that inspected the condition of the motor vehicle at the site of the accident, the safety seat level was installed on the front seat of the above taxi seat seat of the plaintiff seated by the plaintiff, but the testimony of the above resident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the accident at the time of the accident

In addition, if the safety labelling has not been installed but it was not worn, the reason should have been determined on the existence and degree of the source personnel that affected the plaintiff's damages or expansion in this case and should have been considered in determining the scope of damages.

It is reasonable to discuss this issue.

(5) With respect to other parts against the Defendant, the grounds of appeal are not disclosed.

3. Therefore, among the plaintiff's appeal, the part against the plaintiff among the lost profits compensation and the part against the plaintiff among the damages compensation for property based on the plaintiff's appeal shall be reversed, and the part against the plaintiff among the damages compensation for future treatment expenses shall be dismissed. The appeal by the defendant's appeal shall be dismissed, and the part against the defendant other than the part against the defendant's loss other than the part against the sex operation expenses shall be reversed, and the appeal by the consolation money portion shall be dismissed, and each of the above parts

Justices Lee Byung-hee (Presiding Justice)