(a) The case holding that in calculating the lost profit of the victims who have passed the specialized training examination, it is justifiable that it is based on the doctor's wages by the employment status survey report of the occupational category issued by the Ministry of Labor;

(b) Method of calculating the lost profit where it is probable that the profit will increase in the future;

(c) Whether the method for calculating the lost profit is appropriate by abstract methods, such as statistics;

(a) The case affirming the measure calculated on the basis of the monthly average wage of a male doctor based on the report on the survey of wage status by job category issued by the Ministry of Labor after completing the course of the victim's training and the military service, who has passed the examination for the outside and the training course of the same hospital while engaging in the general training of the general hospital;

B. In calculating the lost profit of a victim who died due to a tort, in principle, the profit shall be calculated on the basis of the victim’s profit at the time of the death, and when there is objective data which clearly shows that the profit will be increased significantly, the profit to be increased shall also be considered.

(c)in cases where it is unclear that the method of calculating by an abstract method, instead of a specific evidence, shall be permitted as far as the fairness and rationality is guaranteed.

Article 763 of the Civil Act

B. Supreme Court Decision 76Da2418 Decided November 18, 197, 1980.26.26, 79Da1899 Decided June 23, 1987, and 84Meu1383 Decided February 24, 1987, and 85Meu416 Decided 16

Plaintiff 1 et al., Counsel for the defendant-appellant-appellee

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

Seoul High Court Decision 86Na3232 Decided March 26, 1987

All appeals are dismissed.

The costs of appeal by the plaintiffs are assessed against the plaintiffs and the defendant's appeal.

1. We examine the plaintiffs' attorney's grounds of appeal.

The judgment of the court below, on its reasoning, judged that the victim's non-party who had been engaged in the non-party ○○ Hospital General Training at the time of the accident at issue of the accident at the time of the accident at issue of this case, applied for the non-party 1 in the above hospital training test and passed the medical examination at least in the next year after passing the medical examination at least in the next year, and determined that it is clear that the victim's non-party 1 should pass the medical examination at least in the next year. In addition, since the non-party 1 was the beginning salary of the non-party 1 in the individual general hospital in Seoul or in Seoul, which is anticipated to work for the victim at least KRW 3,00,000, the victim's non-party 1 in the medical examination at the time of the accident at the time of the accident at issue of the Ministry of Labor, there is no evidence to acknowledge it other than the evidence of the court below's decision, and calculated the lost profit on the basis of the victim's monthly average wage of the male doctor with five to nine or more years experience.

In light of the records, we accept the process of evidence verification by the court below, and the result of fact inquiry by the president of the Medical Association of the first instance is that the amount of monthly salary of the head of the department in charge is generally estimated to be approximately KRW 2,500,000 or KRW 3,00,000, or KRW 3,000,000, or KRW 3,000, or KRW 3,000,000, which is paid by the general hospital of a certain scale located in Seoul or Seoul, as well as the result of the fact inquiry by the head of the medical association of the first instance. Accordingly, the court below did not err in the misapprehension of the rule of law and the rules of evidence.

The issue is groundless.

2. Next, we examine the grounds of appeal by the defendant's attorney.

In calculating the lost profit of a victim who died due to a tort, in principle, it shall be calculated on the basis of the victim's profits at the time of his death, and when there are objective materials which show a considerable degree of increase in the proceeds in the future, the profits to be increased shall also be considered (see Supreme Court Decision 84Meu1383, Jun. 23, 1987). In a case where such profits are unclear, the method of calculating them by abstract methods is permitted to the extent that fairness and rationality are guaranteed, instead of the statistics on the average income amount recognized by specific evidence (see Supreme Court Decision 85Meu416, Feb. 24, 1987).

As determined by the court below, if the victim acquired the victim's qualification at the time of the accident of this case, the measure that is calculated based on the male's wage by the report on the survey of wages by job type issued by the Ministry of Labor after completing the training course and military service and the remaining year of the same year is justifiable. In addition, if the male's wage is divided into five to nine years of experience and ten or more years of experience in the report on the survey of wage status by the above job type as determined by the court below, the measure that is calculated based on the number of years of experience is also justifiable, and there is no error in the misapprehension of legal principles as to the calculation of lost earnings such as theory of lawsuit.

The Supreme Court precedents are not appropriate in this case, unlike the case. In addition, the court below's decision that held that a person engaged in the same occupation as a victim can engage in medical service until the age of 65 cannot be said to have erred in violation of the rule of experience.

All arguments are groundless.

3. Therefore, all appeals by the plaintiffs and the defendant are 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 Justices on the bench.

Justices Lee Jin-hun (Presiding Justice)