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과실비율 20:80
(영문) 서울민사지법 1993. 3. 18. 선고 92가합21109 제11부판결 : 항소

[손해배상(기)][하집1993(1),182]

Main Issues

The case holding that the victim's negligence is offset by 80% on the ground that the victim's negligence is deemed as 80% on the ground that the victim's sled sled sled sled sled sled sled sled sled with the sled sled sled sled sled sled with

[Reference Provisions]

Civil Act Articles 756, 758, and 763 (Article 396)

Plaintiff

Plaintiff 1 and three others

Defendant

Korea National Land Development Corporation

Text

1. The defendant shall pay to the plaintiff 1 an amount of KRW 50 million, KRW 1,00,000, KRW 500,000, and KRW 500,00 for each of them to the plaintiff 3 and 4, and an amount of KRW 500,00 per annum from January 26, 1992 to March 18, 193, and an amount of KRW 25,00 per annum from the next day to the day of full payment.

2. The plaintiff's remaining claims are dismissed.

3. The costs of lawsuit are divided into four parts, three parts are assessed against the plaintiffs, and the remainder are assessed against the defendants.

4. Paragraph 1 can be provisionally executed.

Purport of claim

The defendant shall pay to the plaintiff 1 258,921,11 won, 3,00,000 won to the plaintiff 3,000 won, 1,000,000 won each of them to the plaintiff 3, and 4, and 5 percent per annum from January 26, 1992 to the sentencing date of this case, and 25 percent per annum from the next day to the day of full payment.

Reasons

1. Occurrence of liability for damages;

A. The following facts can be acknowledged in light of Gap evidence 1, Gap evidence 3, Eul evidence 7, Eul evidence 1-1 to Eul evidence 1-4, Eul evidence 2, Eul evidence 3, Eul evidence 3, witness and evidence 3, witness's good order, new ore dressing evidence, witness evidence of this court's on-site inspection results, plaintiff 1's whole purport of the pleading as a result of the examination by the plaintiff 1.

(1) The Defendant Company managed and operated a sled sled store in 164 square meters in Gyeonggi-gu, Gyeonggi-do, Gyeonggi-do. The sled sled store is composed of approximately 180 meters in length, approximately 80 meters in width, and 80 meters in width, and 25 degrees in slopes. Users are allowed to use the sled sled sled sled at the entrance fee determined by the Defendant Company. The above sled sled sled sleds are plastic products manufactured to be operated using the sloping angle of the surface naturally, and are installed to have the sled sled sled sled in front. The sled sled sleds are also made by using the sloping angle of the surface, and the sled sled sled sleds are installed outside the sled, and the sled sled sleds are absorbing into the direction and transition of the road.

(2) On January 26, 1992, Plaintiff 1 used sled sled sled at the sled sled room on the same day, and the point where the sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled at about 3/5 points from the starting point of the sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled s

(3) In managing the above sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled-sled

(4) Plaintiff 2 is Plaintiff 1’s wife, and Plaintiff 3 and Plaintiff 4 are Plaintiff 1’s children.

B. According to the above facts, the accident in this case occurred when the defendant company occupied and managed the above sled sledding room, and inspected from time to time when there was no serious sled sledding room, and thereby leaving the road surface at the time of the accident so that the accident does not occur. However, the part of the sled sled sled light at the time of the accident was left unattended, and the management personnel neglected to take the method of safely riding sled light to the users, and neglected to start it. Thus, the defendant is liable to compensate the damages suffered by the plaintiffs due to the accident as the owner of the above sled sled light room and the user of the management personnel.

C. Meanwhile, the Plaintiff 1, as well as the Plaintiff 1, also fully sees the use of the sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sled sed sled sled sled sled sled s

The above negligence of the plaintiff shall be deemed to have caused the accident or expansion of the accident of this case, but it shall not be limited to the extent that the defendant's liability is exempted, and thus, the defendant's claim for exemption of this case shall not be accepted, but it shall be taken into account in calculating the amount of damages to be compensated by the defendant, but it shall be reasonable to regard the ratio as about 80% in light of the

2. Scope of damages.

(a) Actual income:

The following facts may be acknowledged in full view of the evidence Nos. 4-1, 2, 5, 6, 8, 12-1, 2, 13, 14, the witness Kim Young-ok testimony, the witness Kim Young-ok testimony, and the whole purport of the pleadings as a result of physical examination on the head of the hospital affiliated with the Hanyang University.

The Plaintiff 1’s loss of lost income per books of the total assessment value of the capacity to operate in the instant accident is KRW 245,897,496.

This is based on the following (1) the outcome calculated at the present price at the time of the instant accident according to the discount method that deducts the interim interest at the rate of 5 percent per month, as follows:

(1) Facts of recognition and evaluation

Gender: Date of birth of male: September 15, 1949

Age (at the time of an accident): Number of years of age 42: 28.61

(a) Occupation: Tax accountant;

) Financial assessment of operating ability: Plaintiff 1 operated a tax accountant office from Aug. 1, 1982. From Jan. 1, 1991 to Dec. 31, 191 near the date of the instant accident, the monthly average amount of KRW 31,382,348 of the income amount for the year of the said Plaintiff from Jan. 1, 1991 to Dec. 31, 191 is KRW 2,615,195 (31,382,348/12, and less than KRW).

(ii) Operating Period: Before reaching 70 years of age (based rules of experience);

(3) The rate of loss of operating capacity and oil failure;

Hypersissis: Tropical pressure frame 2도요

Items to be applied in the Mabrid disability assessment table: I-B-1-d-5 of spine damage among the frameworks.

Operational capacity loss rate: 100% for the duration of hospitalization and 45% thereafter.

(2)A mountain;

*기간(월 미만은 버림)

From the accident to March 14, 1992, the hospitalized treatment period: One month;

From that date to that of 70 years of age: 330 months

*계산(원 미만은 버림, 이하 같다.)

[2] 2,615,195 won x 100/100 x 0.9585062 = gold 2,604,343 won

[2] 2,615,195 won 】 45/100 】 (207.7305121-0.99585062) = 243,293,153 won

Gohap :00 + 245,897,496 Won 245,896

(b) Nursing expenses;

(a) Nursing: Adult male; and

The opening period: 48 days from the date of the accident to March 14, 1992 (Evidence: Evidence No. 11, Evidence No. 12, Evidence No. 12-1, 2, Witness’s Witness)

Opening costs: 19,300 won per day, per ordinary male city wage, 1992

(2) Calculation

gold 19,300 won x 48 = gold 926,400 won

(c) Medical expenses, etc. of the king.

Medical expenses: 670,110 won (the amount paid by the Defendant 2,670,110- the amount of KRW 2,00,000)

Expenses for the purchase of auxiliary equipment: 520,000 won

Total: 1,190,10 won (Evidence: Evidence No. 9-1 to 4 A-10, 12, and Witness on Duty of Witness)

D. Limitation on liability

(1) Liability ratio: 20% (see above 1.B.)

(2) mountain.

Plaintiff himself (the lost income of KRW 245,897,496 + nursing expenses of KRW 926,400 + weather treatment expenses of KRW 1,190,110) x 20/100 = gold of KRW 49,602,801

(e) Mutual aid;

(1) Of the amount of KRW 2,00,000 paid by the Defendant to the above deceased’s medical expenses, KRW 1,600,000,000 (=amount of KRW 2,000,000 x 80/100 (in the absence of any dispute) which is equivalent to the fault ratio of the above deceased’s (Plaintiff)

(2) mountain.

gold 49,602,801 - Gold 1,600,000 = gold 48,002,801 won

(f) consolation money;

(1) Reasons for taking into account: age, family relationship, degree of property and education, circumstance and result of the accident, degree of fault on the part of the victim, and other various circumstances shown in the arguments in this case.

(2) The amount determined;

Plaintiff: 2,000,000 won

Plaintiff 2: 1,000,000 won

The remaining plaintiffs: each of 500,000 won

3. Conclusion

Therefore, the defendant is obligated to pay to the plaintiff 1 the amount of KRW 50,002,801 (the amount of KRW 48,002,801 + the amount of KRW 2,000,000 on property) and the amount of KRW 1,00,000 per annum to the plaintiff 2, and the amount of KRW 50,000 per annum from January 26, 192, which is the date of the accident, to March 18, 1993, which is the date of the sentencing of this case, until March 18, 1993, the amount of KRW 50,00 per annum from the following day to the date of full payment.

Therefore, the plaintiffs' claims are justified within the above amount, and each plaintiffs' remaining claims are dismissed. It is so decided as per Disposition by the application of Articles 89 and 92 of the Civil Procedure Act, and Article 199 of the provisional execution declaration.

Judges Lee Jae-chul (Presiding Judge)