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(영문) 대법원 1966. 7. 26. 선고 66다1077 판결
[손해배상][집14(2)민,242]
Main Issues

In calculating the lost profit, the actual error in the determination of the standard

Summary of Judgment

When an injury makes it impossible to engage in agricultural labor due to the loss, the calculation of the loss shall be based on the time when the plaintiff could actually engage in such labor on behalf of the plaintiff.

[Reference Provisions]

Article 750 of the Civil Act

Plaintiff-Appellant

Plaintiff

Defendant-Appellee

Countries

Judgment of the lower court

Seoul High Court Decision 65Na2471 delivered on April 30, 1966, Seoul High Court Decision 65Na2471 delivered on April 30, 1966

Text

The part of the original judgment against the Plaintiff shall be reversed, and the case shall be remanded to the Seoul High Court.

Reasons

We examine the grounds of appeal by the Plaintiff’s attorney.

The original judgment confirmed that the plaintiff was injured due to the accident on June 12, 1962 where he had been in military service, and that he had been able to continue to work for agricultural labor for 30 days each year from the age of 55 until 1964, and that he had been able to work for 30 days each year for 30 years until the age of 55 of his survival. As such, in calculating the plaintiff's loss interest due to the above injury, it is obvious that the plaintiff had been able to work for the above agricultural labor as of June 12, 1962 at the time of the accident, it was obvious that the above accident was based on the average nationwide wage as of June 12, 1962 at the time of the accident. Since the plaintiff had not been able to work for the above agricultural labor after the expiration of the service period, it was erroneous that the average wage at the time of the accident was 000 degrees in calculating the above average wage at the time of the plaintiff's above monthly average wage as above.

[Judgment of the Supreme Court (Presiding Judge) Na-man (Presiding Judge)

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