A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

5. E.

[Defendant-Appellee] Kim & Lee LLC, Counsel for defendant-appellee

Attorney Kim Han-tae, Kim Jong-young, and Park Jong-sung

Law Firm Sung (Law Firm Sung, Counsel for defendant-appellant)

Attorney Lee Lee-young, Counsel for defendant-appellant

2. G:

Law Firm Governing Law Firm

1. Defendant F shall pay Plaintiff A 100,075,524, Plaintiff B, C, D, and E each of the KRW 100,00,00 per annum from May 5, 2012 to June 25, 2015, and 20% per annum from the next day to the date of full payment.

2. Defendant G pays to Plaintiff A 100,00,00,000 won out of the above KRW 100,075,524 with Defendant F, and with 5% per annum from May 5, 2012 to June 25, 2015, and 20% per annum from the next day to the day of full payment.

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

4. Of the costs of lawsuit, 60% is borne by the Plaintiffs, and the remainder is borne by the Defendants, respectively.

5.Paragraphs 1 and 2 may be provisionally executed.

5,00,000 won and each of them shall be annually from May 5, 2012 until the service date of a copy of the complaint of this case.

5% and 20% interest per annum from the following day to the date of full payment;

Defendant G Co., Ltd. is jointly and severally with Defendant F, 100,000,000 won out of the above KRW 304,523,825

From May 5, 2012 to the service date of a copy of the complaint of this case from May 5, 2012, 5% per annum and the following day.

It shall pay 20% interest per annum from the date of full payment to the date of full payment.

(a) Facts of recognition;

1) On May 5, 2012, Defendant F driven a bicycle at around 56: around 56, and caused the accident (hereinafter “instant accident”) to be done by Defendant F, on the 698 Do forest bicycle roads (the bicycle diversion road as provided for in Article 3 subparag. 1 of the Promotion of the Use of Bicycles Act is a road which is not allowed for pedestrians to walk) to approximately 20 km from the surface of the Gu digital base to the surface of the new air disease control area, due to negligence, he neglected his duty of front-time care. Defendant F, on the road that is installed on the right side of the bicycle, was driven by Defendant F, and the accident occurred by the following (hereinafter “the accident”) from 70 billion won to 100,000 won to 70,0000 won to 70,000,0000 won to 70,0000 won to 10,0000,0000 won to 20,000 won to the left side of the Plaintiff F.

[Ground of recognition] Evidence A 1 through 4, Evidence B 1, Evidence B 2-2, 3, 4, and Evidence B 5-1, 2, 3, 4, and 5-1, 5, and the purport of the whole pleadings

B. Determination

According to the above facts, Defendant F is liable for damages suffered by the Plaintiffs due to the instant accident as a tort, and Defendant G is liable for damages suffered by the Plaintiffs due to the instant accident within the limit of KRW 100 million jointly and severally with Defendant F, who entered into a liability insurance contract with Defendant F with Defendant F.

2. Scope of liability for damages

A. Expenses for medical treatment of Plaintiff A’s property damage: 31,835,704 won

From May 5, 2012 to August 31, 2013, the date of the instant accident, Plaintiff A spent KRW 31,835,704 in total for medical treatment when hospitalized in the Gangnam-gu Mental Health Hospital, the Sacheon Rehabilitation Hospital, and receiving hospital treatment.

[Ground of recognition] Gap evidence 5-1 to 31, evidence 6-1 to 3, evidence 7-1 to 7-8, whole purport or purpose of the pleading, and purchase cost of auxiliary equipment: 1,375, 900 won

The Plaintiff spent KRW 1,375,90 in total for medicine expenses and the purchase cost of assistive devices after receiving treatment due to the instant accident. Of the purchased goods claimed by the Plaintiff, part of the purchase goods (e.g., oral settlement, physical issues, cremation sites, and direction tasks) cannot be recognized as causations with the instant accident, and thus, it is excluded from the calculation of damages.

[Ground of recognition] 8-1 through 5, 7, 8, 10, and 11 of evidence Nos. 8-1 to 5, 7, 8, 10, and 11, and the purport of the whole pleadings: 30, 190,00 won

The Plaintiff paid the nursing expenses of KRW 30,190,00,000 due to the instant accident. From May 26, 2012 to July 31, 2013, Plaintiff A received nursing care for a nursing woman.

[Ground of recognition] The future medical expenses and the purchase cost of the auxiliary equipment in Gap evidence No. 9-1 to 15 (the purport of the whole pleadings): 24,931,620 won

Plaintiff A needs to pay 400,00 won per month for physical treatment costs of 2 years from April 1, 2014 ( = 50,00 won + 8 times). 300,00 won per month for medication expenses, such as anti-psychotropic medication, brain Ambassador improvement agents, anti-smoking agents, and identification ray services, and need to pay 1,00,00,000 won per year for 00,000 won per annum for 1,00,000,000 won per annum for 0,000,000,000 won as at the time of the instant accident as shown in attached Table 1; 20,931,620 won per annum for 0,000,000 + 0,000 won for purchase of 20,000 won for 30,000,000 won for purchase of 1,620,000 won for 30,000 square meters for purchase.

[Ground of recognition] The appraiser's annual appraisal results, the purpose of the entire pleadings, and the future nursing costs: 151,85,586 won

Plaintiff A is unable to communicate as of time due to brain damage and an organ renovation, and in particular, it is difficult to blickly flickly flickly, and flickly flickly flickly. In order to assist daily life, such as mobility, bathing, clothes flicking, and urine treatment, it is necessary for 16 hours a day to cover two years from April 1, 2014, and thereafter, the opening of 1 adult female is necessary for 8 hours a day until March 31, 2018, and when calculating this, it is necessary to cover 151,855,586 won in total as shown in attached Table 2.

[Grounds for recognition] Results of appraisal conducted by an appraiser, the purport of the entire argument

F) Total sum of paragraphs (a) through (e) above: 240, 188,810 won ( = 31,835,704 won for the king treatment + 1,375,900 won for the purchase of assistive devices + 30,190 won for the king care + future medical expenses, 24,931,620 won for the purchase of assistive devices + 151,85,56 won for the future nursing expenses)

G) Fruits offsetting;

As seen earlier, although the place where the accident in this case occurred is a bicycle-only for which pedestrians are not allowed to pass, the plaintiff A was involved in an accident while entering the bicycle-only road. Despite the construction of a pedestrian road, the entry of the plaintiff A into the bicycle-only road is the negligence of the plaintiff A with regard to the occurrence of the accident in this case and the expansion of damages. Therefore, the defendants' liability is limited to 40% in consideration of the above negligence of the plaintiff A. As a result, the amount of damages of the plaintiff A is limited to 196,075,524 [ = 240,18,810 x 40%).

H) Comprehensively taking account of the purport of the entire arguments in each of the statements in the evidence Nos. 2-5 and evidence Nos. 6, Defendant F may acknowledge the fact that Defendant F paid KRW 2,500,000 to the Plaintiff as part of the damage compensation for the instant accident on or around August 20, 2012, as part of the damage compensation for the instant accident, the said amount must be deducted.

I) Sub-determination

Ultimately, the Plaintiff’s property damages amounted to KRW 93,575,524 ( = 96,075, 524 - 2,500,000), namely, consolation money. 2)

The plaintiff's consolation money shall be 6,50,000 won in consideration of all the circumstances shown in the arguments of this case, such as the background of the accident of this case, the circumstances after the accident, the age of the plaintiff A and the defendant F, etc.

Therefore, the amount of damages of Plaintiff A is KRW 100,075,524 ( = KRW 93,575,524 + 6,500,000 for consolation money).

B. The consolation money of plaintiffs B, C, D, and E

The consolation money for the above plaintiffs shall be set at KRW 100,000, respectively, in consideration of all the circumstances shown in the arguments of this case, such as the background of the accident of this case, the circumstances after the accident, and the relationship between the above plaintiffs and the plaintiff A.

C. Sub-decision

Therefore, Defendant F is obligated to pay the Plaintiff A 100,075,524, Plaintiff B, C, D, and E each of the 100,000,000 won and damages for delay from May 5, 2012, which is the date of the instant accident, to the extent of Defendant F’s duty to perform. From June 25, 2015, 5% per annum under the Civil Act until June 25, 2015, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from the next day to the date of full payment. Defendant G is jointly and severally with Defendant F, to pay the Plaintiff KRW 100,00,000 among the above KRW 100,075,524, and 100,000 per annum from the day following the date of the instant accident to the date of full payment, to the extent of the duty to perform each of the Defendant F’s duty to perform.

3. Conclusion

Since the plaintiffs' claims are reasonable within the scope of the above recognition, they accept them, and the remainder is dismissed as there is no reason.

Judges Cho Jong-hee

Judges Gangseo-Ilia