2020 Ghana584256 Amount of indemnity

A Stock Company

Attorney B

Chang-gun

Law Firm Ppuri, Counsel for the defendant-appellant

[Defendant-Appellant]

December 8, 2020

December 22, 2020

1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The defendant shall pay to the plaintiff 3,469,350 won with 5% interest per annum from August 28, 2020 to the service date of a copy of the complaint of this case, and 12% interest per annum from the next day to the day of complete payment.

In consideration of the negligence of the driver of the plaintiff vehicle, the size of the gart hole (the depth is 5cm, the vertical width is 90cm, the location, accident time, the defendant's road management status and weather conditions, etc., the responsibility of the defendant shall be limited to 10%, and the amount of damages shall be limited to 396,935 won [the amount of damages shall be KRW 396,935 [the amount of payment + KRW 3,469,350 + KRW 50,000)] of the driver's negligence, the size of the gart hole is less than 50,000 won, so the plaintiff cannot claim compensation against the defendant.

Judges Kim Dong-hee

* The ruling of small-sum case may choose not to state the reasons in accordance with Article 11-2(3) of the Trial of Small Claims Act.