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TITLE Supreme Court Decision 2017Da280951 Decided September 26, 2019 ¡¼Damages (Automobile)¡½ [full Text]
Summary
[1] Whether, in a case where a victim who died as a result of a tort had pursued a profession with a fixed term, lost income may be calculated on the basis of the findings upon investigation and review regarding the victim¡¯s occupation, which the victim may be deemed to have subsequently taken up, and the income derived therefrom after the expiration of the term (affirmative) and whether, in a case where a functional group containing the occupation, that the victim was engaged in, in accordance with statistical data on income classified by a functional group integrating several fields is composed of careers that are mutually dissimilar, the victim¡¯s expected income may be calculated on the basis of the statistical income of the functional group (negative)
[2] In the case where Party A¡¯s parents claimed damages against Party B and Insurance Company C, an insurer of Party B¡¯s vehicle upon the death of Party A during treatment as a result of an automobile accident in which Party A¡¯s vehicle was impacted by the vehicle Party B was driving while Party A, who had served as a military surgeon after qualifying as an orthopedic specialist, was driving the affected vehicle, the case holding that the lower judgment estimating lost income after Party A would have been discharged from military service on the basis of the statistical income of ¡°profession related to health, social welfare and religion¡± contained within the Survey Report on Labor Conditions by Employment Type is untenable; and in so determining, the lower court erred by misapprehending the legal doctrine on the calculation of lost income
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