2019 Ghana 200601 Damages (i.e., losses)

1. A;

2. B

3. C

[Judgment of the court below]

[Defendant-Appellee]

1. D;

2. E organizations;

[Judgment of the court below]

[Defendant-Appellee]

[Court Decision 200Hun-Ga1]

December 18, 2019

January 22, 2020

1. The Defendants jointly pay to Plaintiff A and B 37,05,479 won, and 3,00,000,000 won to Plaintiff C as well as 5% per annum from December 17, 2017 to January 22, 2020, and 12% per annum from the next day to the date of full payment.

2. The plaintiffs' remaining claims against the defendants are dismissed.

3. Of the costs of lawsuit, 2/3 of the costs of lawsuit are borne by the Plaintiffs, and the remainder by the Defendants.

4. Paragraph 1 can be provisionally executed.

The Defendants jointly pay 106,21,919 won to Plaintiffs A and B, and 10,000,000 won to Plaintiff C, as well as 5% per annum from December 17, 2017 until the service date of the application for modification of the purport of the instant claim and the cause of the instant claim, and 12% per annum from the next day to the day of full payment.

1. Occurrence of liability for damages;

(a) Facts of recognition;

1) On December 17, 2017, Defendant D driving a F Sovia (hereinafter referred to as “Defendant D”) of the F Sovia (hereinafter referred to as the “Defendant vehicle”) at the Seocho-gu Seoul Seocho-gu, Seoul, and driving a F Sovia (hereinafter referred to as “Defendant D”) on the G, which moved to the right side from the center separation zone of the moving direction to the left side of the Defendant vehicle while driving a one-lane of the two-lanes from the Seocho-gu, Seocho-gu to the two-lanes. (hereinafter referred to as “instant accident”).

2) The Plaintiff A and B are the deceased’s successors as the parents of the net G, and the Plaintiff C is the leakage of the net G.

3) The Defendant E organization is a mutual aid business entity that entered into a mutual aid agreement on Defendant vehicles.

[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 1, Eul 2, 5, 6 through 9, and the purport of the whole pleadings

B. Determination as to the recognition of liability

1) According to the above facts of recognition, the deceased died due to the operation of the Defendant vehicle, barring special circumstances, the Defendants jointly as mutual aid operators or operators of the Defendant vehicle and are liable to compensate the Plaintiffs for the damages incurred by the deceased and the Plaintiffs due to the instant accident.

2) As to this, the Defendants asserted that the instant accident was caused by the total mistake of the deceased who was crossing the automobile without permission by drinking the car-only road, and that the Defendant D was unable to detect the deceased at the time of the accident, and that the instant accident should be exempted from liability on the grounds that there was no negligence on the part of the deceased.

3) According to the above evidence and the fact-finding inquiry reply to the Road Traffic Authority of this court, the accident location of this case is the straightway, and the driver of another vehicle prior to the defendant vehicle was relatively secured due to the left door light, etc., and the driver of another vehicle prior to the defendant vehicle reported 112 to the effect that there is a pedestrian who finds the deceased and crosses the center of the Gyeong Highway without permission. In light of the fact that the driver of another vehicle prior to the vehicle reported 112, it is deemed that there was no obstacle to detect the deceased. ② The place of the accident is where the speed limit is 80 km speed per hour, and the defendant vehicle was driven at the speed limit of 189 km or 192 km per hour. In light of the above, it is insufficient to conclude that the defendant D could not discover the deceased or could not avoid any conflict with the deceased even if the driver did not perform his duty at the time of the accident at the time of the accident, and there is no other evidence to prove it.

C. Limitation on liability

However, the main cause of the instant accident is due to the mistake of the deceased who was committed without permission for the use of a motor vehicle vehicle due to frequent traffic at night. As such, in calculating the amount of damages that the defendant is liable for, it is reasonable to deem that the rate of negligence of the deceased is 90% in light of the aforementioned circumstances. Accordingly, the Defendant’s responsibility is limited to 10%.

2. Scope of liability for damages

In addition to the following separate statements, each item of the attached table for calculating the amount of damages shall be the same as the corresponding item of the attached table for calculating the amount of damages, and the period for calculating the amount for the convenience of calculation shall be calculated on a monthly basis in principle, but less than the last month and less than the amount shall be discarded. The current value calculation at the time of the accident shall be in accordance with the simple interest rate which deducts the interim interest at the rate of 5/12 per month. It

[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 1, 2, and Eul 5 through 9, and the purport of the whole pleadings

(a) Actual income:

1) Personal information: as stated in the separate sheet of calculation of damages in attached Form.

2) Income and maximum working age

Urban Daily Wage, 65 years of age;

(c) Cost of living: 1/3 mutual aid;

4) Calculation: as stated in the column of “actual income” in the separate sheet of calculation of damages.

(b) Funeral expenses: 5,00,000 won (which shall be deemed to have been paid in 2,500,000 won each of plaintiff A and B).

C. Limitation of liability: 10% Defendant’s responsibility

(d) Condolence money;

○ Reasons: The circumstances shown in the argument of the instant case, such as the developments of the instant case, the age and degree of negligence of the Deceased, and personal relations with the Plaintiffs.

○ Amount of recognition

- Deceased: 20,000,000 won

- Plaintiff A, B: each of 4,000,000 won

- Plaintiff C: 3,000,000 won

(e) Inheritance relationship: The same shall apply to entries in the calculation table of damages, consolation money and total column;

○ Amount of inheritance: 65,610,959 won (=property damage of 45,610,959 + 20,000 won of consolation money)

○ Inheritor: Plaintiff A, B

Account: Plaintiff A, B: 32,805,479 = 65,610,959 Won X Inheritance Shares 1/2)

G. Sub-committee

The Defendants jointly pay to Plaintiff A and B KRW 37,05,479 each (i.e., inheritance amount of KRW 32,805,479 + funeral expenses of KRW 250,000 + solatium of KRW 4,00,000), and damages for delay calculated at each rate of KRW 12% per annum under the Civil Act from December 17, 2017, which is the date of the instant accident, to which it is deemed reasonable to dispute as to the existence of the Defendant’s obligation to perform, and the scope thereof, from January 22, 2020, the date of the instant judgment, until January 22, 2020, and from the following day to the date of full payment, the Defendants are obligated to pay damages for delay calculated at each rate of KRW 3,00,000,000, respectively.

3. Conclusion

Therefore, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

Judges Nam Jae-ok

A person shall be appointed.

A person shall be appointed.