2. Kim ②

[Judgment of the court below]

Attorney Kang Jae-hwan, Counsel for the plaintiff-appellant

2. The plaintiffs' remaining claims are dismissed.

3. One-half of the costs of lawsuit are assessed against the plaintiffs, and the remainder is assessed against the defendant.

4. Paragraph 1 can be provisionally executed.

From August 4, 2011 to the date the judgment of this case is rendered, 5% per annum and from the following day to the date of complete payment.

shall pay 20% interest per annum to each of the 20% interest.

A. The plaintiff 1) (1) (1) around 08: 40 on August 4, 201, the plaintiff 1 (hereinafter referred to as "the plaintiff 1") is the plaintiff 1 (the husband of the plaintiff 1) and the defendant is the mutual aid business operator who entered into a car mutual aid agreement with the defendant 1 as a mutual aid business operator who has entered into a car mutual aid agreement with the defendant 1 while the bus was on board a bus (hereinafter referred to as "the defendant 1") at the bus stop located in the a Riwing-dong, Guro-gu, Seoul Metropolitan Government.

[Grounds for Recognition: Facts without dispute; Gap evidence Nos. 1, 2, 4, and 7 (including branch numbers; hereinafter the same shall apply); the purport of the whole pleadings]

B. Recognition of liability

According to the above facts, the defendant is responsible for compensating the damages suffered by the plaintiffs due to the accident of this case.

C. Limitation on liability

However, the Plaintiff 1 et al. failed to keep the knife while on board the Defendant’s vehicle, and such errors were caused by the occurrence of the instant accident and the expansion of damages. In light of such circumstances, the Defendant’s liability is limited to 80%.

2. Scope of liability for damages

In addition to the following separate statements, each item of the attached table for calculation of damages shall be the same as the corresponding item of the attached table for calculation of damages, and the period for the convenience of calculation shall be calculated on a monthly basis in principle, but less than the last month and less than won shall be discarded. The current price calculation at the time of the accident shall be in accordance with the simple discount method that deducts the interim interest at the rate of 5/12 per month. In addition, it shall be rejected that the parties’ arguments are not separately explained.

(a) Personal information on lost income 1): Income and operating period indicated in the column of “basic matters” in the annexed sheet of calculation of damages amount: Urban daily wage, daily work day 22 days per month, and later disability (3 years of age 60);

① 22% of the loss of labor ability for two years from the date of appraisal due to stress disorder (e.g., May 26, 2014) [2% of the loss of labor ability for two years from the date of appraisal due to stress disorder (applicable to two parts, brain, and scale VI - B - B - B, and occupational coefficient 3], 12% of the loss of labor ability for one year thereafter [2% of the loss of labor ability for Mabrid disability assessment table two parts, brain, and scale VI - B 2-a, and occupational coefficient 3];

(2) The labor disability rate of 12% and permanent disability [2 parts, brain, largeIN - Application of coefficient A, vocational coefficient 3] due to the flat functional disorder of the right-hand ear, 4%) labor disability rate of 12% and permanent disability.

① From August 4, 2011 to October 24, 2011: 100% (the period of hospitalization, Plaintiff 1 et al.) (the period of hospitalization, Plaintiff 1 et al.)

4. From August 10, 2012, the hospital was hospitalized for 82 days from the date of the instant accident to August 10, 2012, and is deemed hospitalized on the date of the instant accident for the convenience of calculation.

(2) From October 25, 2011 to May 25, 2016: 31.36%

(3) From May 26, 2016 to May 25, 2017: 22.56%

④ Calculation from May 26, 2017 to July 17, 2020: 12%: The same shall apply to the description in the column of “actual income” of the attached table for calculation of damages.

(b) Wangs treatment costs: 8,026,020 won. Future treatment costs: 2,478,890 won (as approximately one year and six months have elapsed from the date of appraisal, only mental and medical treatment costs (pharmaceuticals, medical expenses, and examination fees) for six months from the date following the date of closing the argument in this case shall be recognized. On the day following the date of closing the argument in this case for the convenience of calculation.

D. Nursing costs: In light of the Plaintiff’s high-class ① injury part, treatment progress, etc., the nursing costs do not recognize, since the opening is deemed not necessary.

E. Limitation of liability: Defendant’s liability 80%

(f) Mutual aid: 746,412 won out of the medical expenses paid by the Federation of the Passenger Transport Business Associations of Korea, 3,732,060 won (1) 746,412 won equivalent to the ratio of negligence (1);

(g) Consideration 1) Reasons for special consideration: The particulars of the instant accident, the age and degree of negligence, the parts and degree of injury and the degree of injury after the injury, and the relation between the plaintiffs, etc., as shown in the pleadings of the instant case. The amount recognized as follows: Plaintiffs 11,00,00,00 won, Plaintiff 2, 50,00 won (if there is no dispute over grounds for recognition: facts without dispute, Gap 3, 5, 6, 8 through 10, 12 evidence, Eul evidence, Eul evidence No. 1, the results of physical examination of the head of the Cartol University Seoul University Hospital, and the results of fact inquiry, significant facts, experience, experience, and whole purport of pleadings)

3. Conclusion

Therefore, the defendant is obligated to pay to the plaintiff (’), 53, 418, 663 won ( = 42,418, 663 won for property damage + 11,00,000 won for consolation money + 50,000 won for the plaintiff Kim ②, and each of them, calculated at the rate of 5% per annum under the Civil Act from August 4, 2011 to January 29, 2016, which is the date of the instant judgment, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the date of the instant judgment, from the next day to the date of full payment. Thus, the plaintiffs' claims are accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.