2014 Ghana 115398 Damage, Claim

A

Daegu Metropolitan City Bus Transport Business Association

December 11, 200

December 23, 2015

1. The defendant shall pay to the plaintiff 13,603,804 won with 5% interest per annum from November 25, 2013 to December 23, 2015 and 15% interest per annum from the next day to the day of complete payment.

2. The plaintiff's remaining claims are dismissed.

3. The plaintiff and the defendant bear one half each of the costs of lawsuit.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff 28,061,922 won with 5% interest per annum from November 25, 2013 to the service date of a copy of the application for amendment of the purport of the claim of this case, and 20% interest per annum from the next day to the day of complete payment.

1. Basic facts

A. On November 25, 2013, at around 14:40, the Plaintiff suffered injuries, such as the mouths of the uppermost frame, the left-hand thalone throdation of the upper end, the upper end of 958-4 bus stops, and the Plaintiff covered the Plaintiff while waiting for buses from the bus stops located adjacent to the bus stops at the Dobong-gu, Daegu-gu, Daegu-gu, 958-4, and the Plaintiff was faced with the Plaintiff, and the Plaintiff went beyond the Indian floor, and the Plaintiff was severely faced with the Plaintiff. (hereinafter referred to as the instant accident) Accordingly, the Plaintiff suffered injuries, such as the mouths of the upper end, the upper end of the upper end, the upper end of the upper end of the bus stops, and the operation of a metal salkeing and salkeing the upper end of the upper end.

B. On November 10, 2013, before and after the instant accident, the Plaintiff was hospitalized for 72 days in total at the relevant hospital, including 17 days from April 10, 2014 to April 26, 2014, and was hospitalized for 38 days from November 11, 2013 to December 18, 2013, following the instant accident. From November 11, 2014, the Plaintiff was hospitalized for 17 days from January 26, 2013 to 11, 2014, and was hospitalized for 17 days from the date of the instant accident to April 26, 2014, and was hospitalized for 20 days from the instant hospital for 30 days from the date of the instant accident.

C. The Defendant is responsible for the installation, operation, and management of the platform and the stop display facilities installed at a passenger's getting on and off the bus route of Daegu Metropolitan City.

[Reasons for Recognition] Facts without dispute, Gap evidence 2,3,6,10 and Eul evidence 2 (each number is included; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and its judgment

A. The Plaintiff asserts that the Defendant, who installs and manages bus stops and signs, etc., has a duty to take such safety measures so that such signs, etc. may not be collapsed or exceeded, thereby resulting in the instant accident by neglecting to take such safety measures, and thus, the Plaintiff is liable to compensate the Plaintiff for the damages incurred by the Plaintiff as the occupant and owner of the structure under Article 758 of the Civil Act.

According to the evidence No. 2, the defendant is obligated to safely install and manage the bus stop board, etc., and the defendant is not obliged to properly perform such management duties, thereby causing the accident of this case, and thus, the plaintiff is liable to compensate for the damage caused by this.

On the other hand, since the Defendant was at all waiting bus stops, the instant accident was caused, it cannot be said that there was any negligence on the Plaintiff with regard to the occurrence of the instant accident.

(b) Scope of damages;

The defendant, on December 9, 2012, before the accident of this case, was treated on several occasions after the plaintiff received treatment from the plaintiff around 2, 2012, such as "the frame and closure of the outer dynasium", "other dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium dynasium d.

However, as seen above, it can be known that the occurrence and expansion of the accident of this case affected the plaintiff's king, and therefore, the degree of contribution of the plaintiff's king is 50% and considered in calculating the plaintiff's damage.

(1) Determination as to lost income damages

The Plaintiff sought damages from lost income during the 79-day period of hospitalization in the hospital due to the instant accident and 8-% loss from the duty of care in the field of watch keeping, and 9-% loss from lost income for 1 year from the Han market in the Han-gu market in the Han-gu market in the Han-gu market in the 79-day period of the day of the instant accident. However, as seen in the instant accident, the Plaintiff did not engage in income activities at the time of the instant accident, as seen in paragraph (b) of the basic facts, etc., so the Plaintiff did not recognize loss from lost income, and should consider the circumstance in which the Plaintiff

(2) Determination of damages, such as medical expenses

According to the evidence No. 9-1, 2, 3, and 4, the Plaintiff spent medical expenses of KRW 2,116,99 for the instant accident. The Plaintiff need to incur KRW 2,100,000 for the opening cost of KRW 50,00 for 42 days after the instant accident. In the future, it is determined that KRW 1,790,00 for the antiscopic operation cost of KRW 1,50,000 for the metal board removal operation cost of KRW 3,290,00 for the antiscopic operation cost and metal board removal operation cost of KRW 2,90 for the instant accident. However, it is reasonable to consider the above treatment cost of KRW 7,207,610 for the Defendant’s total treatment cost of KRW 7,609,00 for the instant accident and to compensate the Plaintiff for the amount of KRW 3,50,00 for the steam removal operation cost of KRW 3,500 for the Defendant.

(3) Considering that the Plaintiff received long-term hospitalized treatment due to the instant accident, and during a considerable period of time, should have suffered inconvenience in daily life or household labor due to a disability, the Defendant’s payment of consolation money to the Plaintiff shall be KRW 10,000,000, considering the fact that the Plaintiff’s previous disease had an impact on the expansion of damage caused by the instant accident, and other circumstances

3. Conclusion

Therefore, it is reasonable for the Defendant to pay to the Plaintiff 13,603,804 won and the amount calculated by applying the rate of 5% per annum as prescribed by the Civil Act from November 25, 2013, which is the date of the instant judgment, to December 23, 2015, and 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment, to the date of the instant judgment. Accordingly, the Defendant shall accept a claim within the above recognition scope and dismiss a claim deviating from this. It is so decided as per Disposition.

Judges Shin Jae-il