(2) All appeals by Plaintiff 1 and remaining appeals by Plaintiff 1 against the same Plaintiff as the Defendant and the remaining appeals by the Plaintiffs are dismissed.

(3) All the costs of lawsuit are divided into the first and second instances, and one of them is the plaintiffs, and the remainder is the defendant's own burden.

(4) A provisional execution may be effected on the part on which a provisional execution sentence is not attached among the original judgment.

The costs of lawsuit shall be borne by the defendant and a declaration of provisional execution.

The defendant shall pay to the plaintiff 1 10,202,785 won with an annual rate of 5% from December 9, 1978 to the full payment system.

The costs of lawsuit shall be assessed against the defendant and a declaration of provisional execution, which shall be assessed against all of the first and second trials.

Defendant: The part against the Defendant in the original judgment shall be revoked, and the plaintiffs' claims on this part shall be dismissed.

Litigation costs are assessed against all of the plaintiffs in the first and second instances.

성립에 다툼이 없는 갑 제1호증(호적등본)의 기재와 원심에서 한 형사기록검증결과에 변론의 전취지를 모두어 보면, 피고회사 소유인 (차량번호 생략) 2.5톤 타이탄화물 트럭운전사인 소외인은 1978. 12. 7. 21:00경 충남 공주군 신풍면 쌍대리 소재 원고 1의 집에서 같은 원고 소유의 무우를 위 트럭에 싣고 서울 용산시장을 향하여 운행하던중 그 다음날 06:10경 서울 용산구 동부이촌동 300의 127 앞 강변도로상에 이르러 철야운전으로 수면을 취하지 못하여 피곤이 겹쳐 깜박 졸은 탓으로 때마침 위 트럭진행 방향전방에 파열된 타이어를 교환하기 위하여 삼각표지판을 20여미터 후방에 세워놓은 채 정차해 있던 (차량번호 생략) 화물자동차를 보지 못하고 전방 1미터 지점에서야 뒤늦게 발견, 급정차조치를 취하였으나 미치지 못하여 동 화물자동차의 뒤 적재함부분을 위 트럭 앞밤바로 세게 충돌하여 그 충격으로 위 트럭 조수석에 앉아 있던 원고 1을 차체에 심하게 부딪히게 하여 같은 원고에게 전치 6개월을 요하는 뇌좌상, 전두부 두피열창, 우대퇴골 분쇄골절, 경공비골양측 개방성 분쇄골절, 좌측 대퇴부 절단등 중상을 입힌 사실, 원고 9, 10은 위 원고의 부모, 원고 2는 그 처, 원고 3, 4, 5, 6, 7, 8은 그 자녀, 원고 11은 그 며느리, 원고 12, 13은 그 손자들인 사실 등을 각 인정할 수 있고 반증이 없으므로, 피고는 위 차량을 소유하며 자기를 위하여 이를 운행하는 자로서 위 사고로 인하여 원고들이 입게 된 손해를 배상할 책임이 있다 할 것이다.

However, the defendant argued that there was negligence on the part of the plaintiff 1 in the accident above, and according to the result of the examination of the above criminal record, the plaintiff 1 was loaded on the driver's seat of the accident truck at around 9:0 p.m. on the day before the accident, and put oil in the gas station at the station to start his own house and to move on the sprink of the driver's seat of the accident driver's seat at around 9:0 p.m., in order to sell it, the plaintiff 1 went through the station, and then passed through the park at a 3rd height away from the 3rd, and arrived at the new road at 6:0 p.m. on the following day. Thus, it is unreasonable for the above plaintiff 1 to allow the above non-party to stop the above vehicle at a long distance so that it would be unreasonable for the above non-party to do so without any duty to take sufficient rest in preparation for an accident due to spambling, and even if it is difficult for the non-party to take safety measures to rest at the destination.

2. Damages;

(1) Property losses

If the above Gap evidence Nos. 1 (No. 1) and No. 2-1 and 2-1 and No. 3-2 of the same evidence No. 3-1 and No. 3-2 of the same Act, and all the purport of the oral argument as a result of the original judgment's double witness testimony and Park Young-young's physical appraisal by Kim Young-young, the plaintiff 1 was born on January 22, 1927 and 51 years old at the time of this accident, the average remaining life of 23 years South Korea at the time of this accident. The above plaintiff had already been cut to the left-hand 6th day prior to this accident, and there is no need to reduce the labor ability of the plaintiff to suffer from the above 8th day of the above accident, and the plaintiff's remaining life 5th day after this accident's average life 5th day of the above 6th day of the above accident, and the plaintiff's remaining life 5th day of the above accident, which is sufficient to reduce the right side and remaining life 5th day of the above accident.

(a) Loss of profit;

According to the above facts, unless there are special circumstances, the above plaintiff suffered losses of 49 years of age from the date of the accident to the end of 55 months of age (the waiver of less than a month, hereinafter the same shall apply) from the date of the accident, 45,810 won (4,072 x 25 x 45/100) monthly for 19 months from the date of the occurrence of the accident to July 1980, and 74,80 won (the total amount of 6,656 x 254 x 100 x 1984) monthly for 30 years from the end of 55 years of age, and 29,000 won for 19 years from the date of the occurrence of the accident x 294% of the above losses x 184% of the above losses x 294% of the profits at the time of the accident x 184% of the above losses x 1984% of the above losses 208.4 days of the above.

(b) Nursing expenses

According to the above facts, when the above plaintiff needs to cooperate with all of the above plaintiff's functions every day during the period of 276 months (23 x 12) after the accident, an adult male's care is required to cooperate and process the above plaintiff's above plaintiff's functions every day during the period of 276 months (23 x 12), and when considering the above plaintiff's cutting of the king witness's left-hand side, the degree of contribution to the above plaintiff's opening of the accident is about 70%. Thus, the above plaintiff's 86,699 won per month for 19 months until July 1980 for the above plaintiff's employment as a opening of the accident (4,072 x 365/12 x 70/100), the above plaintiff's expenses are 147,717 won per month (6,65 x 365 x 127/100) and 298/100 of the above expenses per 294.

(C) As above, the Defendant’s property damages to be paid to the said Plaintiff shall be KRW 25,01,00,000,010 and KRW 22,493,953,00,000,000,000,000,000 won for profit-making losses and KRW 22,493,953. The said Plaintiff, after the instant accident, received KRW 1,228,80 from the Korea Automobile Insurance Co., Ltd., and filed a claim for deduction from the above property damages. Accordingly, the Defendant’s property damages to be actually paid to the said Plaintiff shall be KRW 23,786,944,00.

(2) Consolation money

Since it is clear in light of the empirical rule that the plaintiff 1 suffered severe mental distress and will continue in the future as well as the above plaintiff 1's family members due to permanent non-permanent damages such as cutting down the left-hand bridge due to the traffic accident, the defendant is obligated to pay the above mental distress of the plaintiffs as a monetary payment. Considering the circumstances of the accident, degree of damage and negligence of the victim, the status of the plaintiffs, and all other circumstances shown in the records of this case, it is reasonable to pay 1,50,000 won to the plaintiff 1 as consolation money, and 1,00,000 won to the plaintiff 2 as consolation money, and 2,00,000 won to the plaintiff 3,4,5,6,7,7,8,8,9,100 won respectively.

3. Conclusion

Therefore, the defendant is obligated to pay to the plaintiff 1 the total amount of 23,786,94 won and 1,500,000 won and 25,286,944 won and 1,000 won and 200,000 won, 3,4,5,6,7,7,8,9,100 won for consolation money and 200,000 won for consolation money and 11,12,13 respectively for consolation money and 100,000 won for consolation money and 10,000 won for consolation money and 1,50,940 won for consolation money and 1,50,000 won for consolation money and 1,50,000 won for consolation money and 1,50,000 won for consolation money and 1,000 won for the above 9,000 won for the above 9,000 won for damages for delay from the above 19,000 won for the remaining part of the plaintiff's appeal.

Justices Yoon Young-young (Presiding Judge) Kim Jung-Jung Kim-kak