손해배상(기)
1. The Defendant’s KRW 99,534,457 as well as the annual rate of KRW 5% from February 5, 2017 to October 23, 2020 as to the Plaintiff.
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;
3. Partial dismissal.
A. The Plaintiff filed a claim for KRW 2,435,288 for the payment of KRW 2,435,28. However, according to each of the statements in Gap evidence 6-1, 2, and 3, the Plaintiff’s total amount of KRW 2,138,670 (= KRW 129,500 KRW 3,000 KRW 2,06,170) is recognized, and thus, the said amount is recognized as the payment of KRW 2,138,670.
B. The comparative negligence set-off system under the Civil Act intends to take account of the obligee’s equivalent care as to the occurrence of damages in accordance with the principle of equity in a case where the obligee fails to fulfill his/her duty required under the principle of good faith. Thus, even if the obligee’s negligence, if the damage was caused or expanded due to such negligence, it shall be deemed that there was negligence on the part of the victim. Even if the obligor does not assert the fault of the victim, where the obligee’s negligence is acknowledged based on the litigation materials, the court
(see, e.g., Supreme Court Decision 2005Da8125, Jul. 8, 2005). ex officio, the Defendant’s liability for the instant damages is limited to 70%, taking into account all the circumstances indicated in the records of the instant case, such as that the Plaintiff was negligent in exceeding the skiing area.
Accordingly, the plaintiff's actual income loss amount is 83,037,388 won (=118,624,841 won x 70% x 70% x 1,497,069 won (=2,138,670 won x 70%).
(c) Consolation money: 15,000,000 won; and
(d) Amount quoted: 9,534,457 won (=1,497,069 won) 15,00,000 won