2. Each of the plaintiffs' remaining claims is dismissed.

3. The costs of lawsuit are divided into three parts, one of which is the plaintiffs, and the other is the defendant's own burden.

4. Paragraph 1 can be provisionally executed.

A. Grounds for liability

(1) recognised facts

(가) 피고 산하의 창원 명서중학교는 1994. 9. 16. 명서중학교 운동장에서 1995학년도 고등학교 입시 내신을 위한 체력검사를 시행하였는데 위 체력검사는 100m 달리기, 던지기, 제자리 멀리뛰기, 턱걸이, 윗몸일으키기, 1,000m 오래달리기의 6종목의 검사로 이루어지고, 위 6종목의 검사에 각 20점씩을 배당하여 120점을 총점으로 평가한 후 120점 중 72점 이상이면 내신점수 만점인 20점을 부여하도록 하고 있다.

(나) 위 체력검사는 같은 날 09：00경 교장의 훈화 및 준비운동을 시작으로 실시되어서 오전 중에 검사종목 중 100m 달리기, 던지기, 제자리 멀리뛰기, 턱걸이, 윗몸일으키기의 검사가 실시되었고, 12：30경부터 14：00경까지의 점심식사시간 후 다시 1,000m 오래달리기 검사가 실시되었는데 소외 인은 오전에 검사한 종목만으로 총점 80점을 얻어 내신점수 20점을 받을 수 있었으나 다시 15：40경 1,000m 오래달리기를 하던 중 980여m를 달려 결승선 약 20m를 남기고 그 자리에 쓰러져 위 학교 체육교사인 소외 1과 양호교사인 소외 박희순이 가슴을 누르고, 팔다리를 주무르며, 인공호흡을 하는 등 응급조치를 취한 뒤 창원고려병원으로 후송하였으나 후송 도중 심폐정지로 사망하였다.

(C) On the other hand, during the course of the occupation-building class, Nonparty 2, a teacher in charge of the deceased Nonparty, asked the above class students to have his ability on behalf of the students who did not receive a perfect score, with the exception of old salpers. On the other hand, during the occupation-building class, Nonparty 2, a teacher in charge of the above physical strength test, who started the physical strength test again in P.M., demanded the students, etc. to exercise the above 1,000m old salpers without conducting a separate preparation campaign. After the accident of this case, the students, who had a physical disorder, including Nonparty 1, who were in charge of the above physical strength test, were to have long salper

(D) Plaintiff 1’s father, Plaintiff 2’s mother, Plaintiff 3, and Plaintiff 4’s father, focusing on the deceased Nonparty.

[Certificate] Evidence Nos. 1-1, 2, 4, 5-1 through 17, 6-1 through 5, 1 through 22-5, 29, 1 of the witness, 20 (excluding those of Nos. 6 through 15, 20 through 22 of the witness's testimony, and those of the witness's testimony) and the whole purport of the pleading

(2) Determination:

Generally, among the items of physical fitness test, for a long time of 1,00 meters, the ability to continue the movement under a given condition to the part of the respiratory cycle is to measure the ability to continue the movement. Since there are many physical consumptions and the physical strength test is highly likely to cause the injury of the body due to a sudden increase of the respiratory distress and blood pressure, the teachers of the Seodaemun Middle School who conduct the physical fitness test have the duty of care to protect and supervise students thoroughly in preparation for any unexpected accident, such as sufficient preparation campaigns to the students who are in charge of the physical fitness test in advance and conducting safety education. However, it is recognized that the teachers of the Seocho Middle School in charge of the above physical fitness test were negligent and the non-party died, the defendant is liable for compensation for the damages suffered by the plaintiffs.

B. Limitation on liability

Meanwhile, according to the above evidence, if the non-party is to conduct a physical fitness test, such as a long-term period of physical fitness, he/she should have paid due attention to his/her physical condition while making a preparation campaign, and should have been taken into account. However, the victim's mistake was also the cause of the above accident, and it is reasonable to view that the ratio of negligence exceeds 50% in light of the above facts. Thus, it should be taken into account in calculating the amount of damages that the defendant is to compensate for within such scope.

2. Scope of liability for damages

(a) Actual income:

The loss of lost income equivalent to the monetary total appraised value of the capacity of operation lost by the deceased non-party due to the instant accident is KRW 74,449,070 (the amount calculated at the present price at the time of the accident by deducting the intermediate interest from the method of calculating the premium).

(1) Facts of recognition and evaluation

1) Gender: Date of birth of male: December 29, 1979

Age (at the time of an accident): 54.91 South Korean War: 54.91

b) Place of residence and income status: At the time of the instant accident, the person was residing in Busan, which is an urban area, and on September 1994, the day of the accident, the ordinary wages of the Korea Construction Association investigation and the ordinary wages of the Korea Construction Association were KRW 22,300 per day.

(c) Cost of living: 1/3 of revenues (the fact that there is no dispute).

d) Period of operation: From 23 years to 60 years of age, on the 25th day of each month, the military service is completed.

(Ma)

Gap evidence 1-1, Gap evidence 2 and 3, and the whole purport of the pleading

(2) mountain.

* Period (less than month, less than month)

From December 29, 2002 to the age of 60, the maximum working age as of December 29, 2002, after the date of an accident, is 444 months until the age of 60.

* The formula (if less than KRW 100 is less than

22,300 won ¡¿ 25 】 (25 】 (283.7581-83.467) =74,449,070 won

(b) Funeral expenses.

The plaintiff 1 claimed that the above money was paid KRW 2,230,000 as funeral expenses of the above deceased non-party, but there is no evidence to acknowledge it, and in full view of the evidence as well as the purport of the argument, it can be recognized that the faculty members, students, and parents of the above deceased non-party paid KRW 2,361,00 for funeral expenses by raising funds from the above deceased non-party, and thus, the above assertion is rejected.

C. Limitation on liability

* Liability ratio: 50% (see the above '1.b.).

* Total san

The deceased non-party: 74,449,070 won in actual earnings x 50/100 = 37,224,535 won in actual earnings.

(d) Claim for mutual aid;

The defendant asserts that the above amount should be deducted since he paid the amount of KRW 7,805,270 in addition to the funeral expenses of KRW 2,361,00,00, which was collected by the teachers and staff, students, and parents of the above Seocho Middle School, but the above amount should not be considered as the money which is in the nature to be deducted from the damages compensation of this case in light of the subject, name, circumstance, etc. of payment. Thus, the above argument is without merit.

(e) consolation money;

(1) Reasons for consideration: The fact that the plaintiffs received full-time 7,805,270 won from the above prestig middle school teachers, students and parents, age, family relations, property and level of education, accident circumstance and result, degree of fault on the part of the victim, and other circumstances shown in the arguments in this case.

(2) The amount determined;

deceased Non-Party: 5,000,000 won

Plaintiff 1: 2,000,000 won

Plaintiff 2: Gold 2,000,000

Plaintiff 3: 500,000 won

Plaintiff 4: 500,000 won

(f) Inheritance relationship;

(1) An inheritor;

The heir of the deceased Nonparty: Plaintiff 1 (Divisions), Plaintiff 2 (mother)

(see the above 1-A.)

(2) mountain.

Plaintiff 1: (The lost earnings of the deceased + KRW 37,224,535 + 5,000 + 5,00,000) x 1/2 =21,112,267

Plaintiff 2: (The lost earnings of the deceased + KRW 37,224,535 + 5,000 + 5,00,000) x 1/2 =21,112,267

3. Conclusion

Therefore, the defendant is obligated to pay to the plaintiff 1 and 2 the amount of 23,112,267 won (21,112,267 won + 2,00,000 won in shares of each deceased non-party) and 3 and 4 each amount of 5,00,000 won (each amount of 2,00,000 won) and damages for delay from September 16, 1994, which is the date of the accident of this case to the date of this sentencing, as provided in the Civil Act, from September 16, 1994 to the date of this sentencing, the defendant is obligated to pay damages for delay at each rate as provided in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from the next day to the date of full payment. Accordingly, the plaintiffs' claims are cited within the scope of the above recognition, and the remaining claims are dismissed

Judges Cho Jin-tae (Presiding Judge)