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(영문) 대구고등법원 2016.09.21 2016나21804

손해배상(기)

Text

1. It shall modify the first instance judgment, including a claim extended and reduced in the trial, as described in paragraph 2 below.

2...

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the judgment of the court of first instance, except for the case's dismissal as follows: Paragraph 3 [Article 7, 7, 7, and 12 of the judgment of the court of first instance], 4-B, 4-C, and 4 (d) [Article 7, 16, 11, and 9 of the judgment of the court of first instance], and therefore, it is identical to the written judgment of the court of first instance. Thus, it shall be quoted as it is in accordance with the main sentence of

3. The Deceaseds subject to the limitation of liability had a large number of signs on the day before the instant accident occurred, and there was a sign of prohibition of swimming in the vicinity, and thus, they could have sufficiently known the risk of a water-related accident, but they were coming into the river of this case and play water in the process, and the victim suffered the instant accident, and the fault on the part of the victim contributed to the instant accident, the Defendants’ liability should be limited to 50% in consideration of the contribution to the instant accident.

B. The following facts do not conflict between the parties, or can be acknowledged by the purport of Gap evidence No. 1-1-2 and the entire pleadings, and there is no counter-proof, for the following facts: (a) the fact of recognition and evaluation due to the death of the deceased E; (b) the fact of recognition and evaluation:

① The date of birth, gender, and age at the time of an accident: Fborn male (13 years old and 7 months old): (2) The deceased was residing in Gyeong Young-gun, a rural community area at the time of the accident, and the daily average wage of rural ordinary workers sought by the plaintiff is KRW 97,730 per day.

③ The maximum working age and the number of days: 296,470,010 won calculated from December 1, 2021 to November 30, 2060, when the deceased completed his military service for two years as of the age of 60,000 (the amount claimed by the Plaintiff in Articles 6(1) and 6(7) of the Enforcement Decree of the State Compensation Act) based on 296,470,010 won (=97,730 won x 22 days x 65% x 65% x 372) 5,00,00 won for funeral expenses (the amount claimed by the Plaintiff in Articles 97,730 x 100 x 30 days, 3 and 4 of the Enforcement Decree of the State Compensation Act).