The case reversing the judgment of the court below which is based on urban daily wage on the ground of incomplete hearing, etc. without examining whether specific circumstances exist that make it possible to leave a rural community after military service and move into a city after calculating the lost income of the person who died of a traffic accident in the service after a defense call-up at the same place where he resides in the rural community area (O. 94Da18713, Oct. 7, 94).

The case reversing the judgment of the court below that calculated the lost income on the basis of the remaining urban wage, which was concluded that the company will live in the city after military service solely on the ground that the present state of separation and urban concentration and the deceased operate the company at the same place as the father of the deceased, without further examination, when calculating the lost income of the deceased who died during a traffic accident due to a defense call-up at the same place where he had resided in the rural area and died during service, after completing military service.

A. Article 763 of the Civil Act: Article 393 of the Civil Act

A. Supreme Court Decision 88Meu26543 Decided March 27, 1990 (Gong1990, 952). (B) Decision 88Meu23315 Decided April 10, 1990 (Gong1990, 1039) (Gong1039 Decided May 28, 1991).

Plaintiff 1 and six others, Counsel for the plaintiff-appellant Kim Jin-hun, Counsel for plaintiff-appellant

Jung-gu Hot Spring Condo Co., Ltd. and one other

Daegu High Court Decision 93Na6066 delivered on February 23, 1994

Of the judgment of the court below against the plaintiffs 1 and 2, the part against the plaintiffs 5,00,000 won among the lost earnings of the deceased and damages for delay thereof shall be reversed, and this part of the case shall be remanded to the Daegu High Court.

The appeals by Plaintiffs 3, 4, 5, 6, and 7 are dismissed.

The costs of appeal dismissed above are assessed against the same plaintiffs.

We examine the grounds of appeal.

1. As to the grounds of appeal by Plaintiffs 1 and 2

According to the reasoning of the first instance judgment cited by the court below, in calculating the lost income of the deceased non-party 1 who died from the traffic accident of this case, the court below rejected the above allegation that the deceased's graduation from a high school in the rural community where the deceased died, and was in military service at the same place as at the time of the accident of this case, and thus, the deceased was engaged in daily work in rural community after completing military service, so it is necessary to calculate the lost income on the basis of the daily wage for rural communities. Accordingly, in light of all circumstances such as the phenomenon of farming and urban concentration, the plaintiff 1, his father, of the above deceased, is operating the ○ enterprise in his residential area, and the above assertion alone alone, it is difficult to regard it as working in the daily work in his residential area after completing military service, and then calculate the lost income on the basis of the urban daily wage.

However, according to the reasoning of the judgment below, the above deceased was an unmarried male who was under 20 years of age 20 at the time of the accident, graduated from a high school at the same place and was in service at the same time. According to the records, the plaintiff 1, the father of the above deceased, was operating ○ enterprise in a rural area, and there is no evidence to recognize that the above deceased's father, who was the father of the above deceased, was living in the rural area after completing his military service, and there is no evidence to prove that he was living in the city. On the other hand, according to the evidence No. 13-1 of the above evidence No. 13, the above deceased, who was not dismissed by the court below, was serving in the cultivation of crops after his graduation from high school, and it is difficult to conclude that the deceased was living in the city after his completion of military service. Thus, in calculating the future actual income of the above deceased who was living in the rural area at the time of the accident, it shall be deemed that the wage for daily use can be obtained in principle (see, see, 2. 38, 198.4.8.8.4.98.4.8.98

Nevertheless, the court below, without further examination as to whether there are specific circumstances for the deceased's moving into a city regardless of rural communities after completing military service, and on the basis of the reasoning of its decision, calculated the lost income based on the remaining urban daily wage that the deceased concluded that he will live in a city leaving a residential rural community after completing military service, which is a residential area, was erroneous or erroneous in the violation of the rules of evidence, or in the misapprehension of the legal principles as to the calculation of lost income. Therefore, the grounds for appeal pointing this out are with merit.

2. As to the remaining plaintiffs' grounds of appeal

The above plaintiffs' appeal is without merit since they did not state the grounds of appeal in the petition of appeal, and even after examining the grounds of appeal, they did not state the grounds of appeal as to consolation money, which is the claim claim.

3. Therefore, the part of the judgment of the court below against plaintiffs 1 and 2 on each of the plaintiffs 5,000,000 won and damages for delay against them, which are within the scope of the same plaintiffs' objection, shall be reversed, and this part of the case shall be remanded to the court below, and the remaining plaintiffs' appeal shall be dismissed, and the costs of appeal shall be assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Sung-sung (Presiding Justice)