2013 Gohap 564861 Compensation (as can be claimed)

A person shall be appointed.

Da. L. E.S. Law Firm L. S.

[Defendant-Appellee]

Attorney Park Jong-sung et al.

B Maritime Insurance Corporation

[Plaintiff-Appellant] Plaintiff 1 et al.

Attorney Go Dong-dong et al.

Attorney Lee Jae-ran

March 3, 2015

March 19, 2015

1. The defendant shall pay to the plaintiff 85, 905, 321 won with 5% interest per annum from July 18, 2012 to March 19, 2015, and 20% interest per annum from the next day to the day of full payment.

2. The plaintiff's remaining claims are dismissed.

3. 2/3 of the costs of lawsuit is assessed against the Plaintiff, and the remainder is assessed against the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant was sentenced to the judgment of this case from July 18, 2012 to the plaintiff 278, 129, 639 won and the date of the judgment of this case.

Until the date of full payment, 5% per annum and 20% per annum from the following day to the date of full payment.

H. D. Payment

1. Basic facts

A. The Defendant is an insurer who entered into an insurance contract for an injury or accident that occurred in the horse riding course (hereinafter referred to as the “riding course in this case”) with ** the above Corporation operated by the Metropolitan City Facility Management Corporation. ** the insurer who entered into an insurance contract for an injury or accident that occurred in the horse riding course.

B. From May 18, 2012, the Plaintiff: (a) obtained a riding course for two months at the instant riding track from May 18, 2012; (b) promised to observe the following safety rules and comply with the instructions of the teachers when using the riding track; and (c) received a riding course at least 22 times until July 13, 2012.

On July 18, 2012: (a) on the horse riding track safety rules 1., all safety rules should be grounded on the horse, and the direction of the leader must be observed. Before the horse riding, whether the condition of the horse, the body of the horse, the body of the horse, etc. is abnormal should be confirmed. (b) On May 1, 201, when using the horse, the horse should be prevented from being excessively used, and the horses of other reporters should not be play. On July 16, 2012: (c) around 10: (d) around 10, the Plaintiff allocated the horse to take lessons on the horse, and (e) took the horse riding attitude on the horse. However, on the other hand, the Plaintiff reported the horse before and after the horse was left by the Plaintiff’s hand, and caused the Plaintiff’s accident (hereinafter “accident in this case”).

D. In the instant horse riding course, the Plaintiff was able to take the front of the horse on his hand without being putting or putting the horse on his hand, and then deliver the horse riding course prior to the instant accident. In receiving the horse riding course prior to the instant accident, the Plaintiff was able to take a book to the effect that the Plaintiff was ing ahead of the horse and ing ahead of the horse.

E. On the day of the instant accident, the school inspectors were guiding other 5 to 6 teaching students at the center of the playground, and the Plaintiff was able to detect the instruction of the school officer of the typology and directly take the direction of the typology of the typology, and was subject to the instant accident.

F. The Plaintiff suffered pressure from the first summary of the instant accident, etc., and suffered pressure from July 18, 2012 to July 7, 2012.

24. Up to September 24, 2012, from July 24, 2012 to September 8, 2012, * was hospitalized at the Gannam University Hospital for 52 days in total, and received outpatient treatment until November 2013.

[Grounds for Recognition] In the absence of dispute, Gap evidence Nos. 1, 2, 7, 9, 20 (including each number; hereinafter the same shall apply), Eul evidence Nos. 2 through 4, images, Gap evidence Nos. 17, Eul evidence No. 1, and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The basis for responsibility may not show a sudden response to a small cause as an originally sensitive animal, and there is a risk of abortion in the event that the other person has not been well-fed. As such, the horse riding course in this case is operated to operate a horse riding course in this case ** Metropolitan City Facility Management Corporation has a duty of care to educate the teaching students, check the state of horses, and prevent accidents, such as to ensure the safety of the riding course students, and to ensure the safety of the horse riding course by, in the event that the horse riding course is cut off due to a sudden interest of the horse, and to cover the horse, and to prevent the accident.

However, according to the above basic facts and each of the above evidence, although the above school officers of the Corporation knew that they would have easily reconvened the Plaintiff at the time of the accident at the time of the accident, they did not properly inform the Plaintiff, who is the teaching student, of the fact that they did not know the Plaintiff that they would have easily seen the horses that were distributed to the Plaintiff at the time of the accident at the time of the accident, and that they did not see the Plaintiff, and they did not properly examine the state of the horses assigned to the Plaintiff at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of

Therefore, the defendant is liable to compensate the plaintiff for damages caused by the accident of this case as an insurer of the above Corporation operating the horse race of this case.

B. Limitation on liability

However, according to the above evidence, the Plaintiff seems to have been aware of the safe riding method and the risk of safety accidents that may occur when riding was conducted, due to the experience of receiving the riding course more than 20 times at the instant riding course. The Plaintiff was negligent in neglecting it even though he was required to take the horse early in accordance with the safety rules at the time of using the riding track and paid more attention to prevent the horse from playing, and such negligence was the cause of the instant accident.

In calculating the amount of damages to be paid by the Defendant, it shall be taken into account, and the ratio of liability of the Defendant shall be limited to 60% of the amount of damages in light of various circumstances shown in the argument of the instant case, including the background of the instant accident

3. Scope of damages.

(a) The facts of recognition and the content of assessment) gender, date of birth: Women, 1957*. The age at the time of the birth accident* 55 years old* month* one-day rental. 31. 12 years old;

[Grounds for Recognition] Facts without dispute, significant facts in this court, the purport of the whole pleadings, occupation and income

At the time of the instant accident, the Plaintiff, as the head of a private teaching institute and the head of the private teaching institute, has earned the income of KRW 3,90,000 per month, and thus, it is necessary to calculate the lost income on the basis thereof.

I asserts that this case is.

According to each description of Gap evidence No. 10, Gap evidence No. 10, and part of Gap evidence No. 11, the plaintiff is acknowledged as a member of the church. However, each entry of Gap evidence No. 5, No. 13, No. 14, and No. 15 (each financial transaction statement) is written by the plaintiff.********* affiliated***********************.

In light of the fact that the account in the name of the above church was used as the financial account of the above church, it is difficult to believe that all the details deposited to the plaintiff from the above account or the above church's name as the plaintiff's salary, and it is difficult to recognize that the entries of the evidence Nos. 4, 11, and 12 are raising the plaintiff's fixed income of KRW 3,90,000 per month, and there is no other evidence to recognize it.

Therefore, in 2012, 2, 522, 583 won ( = monthly salary 2,257,000 + 265,583 won ( = annual special salary 3,187, 00 won: 12 months; hereinafter the same shall apply) is determined on the basis of monthly income of women with career experience for at least five years among the "report on the actual status quo of labor by employment type" (No. 19) in 201.

C) Ratio of loss of labor capacity

Although the Plaintiff alleged that he suffered multiple disabilities (32% of the external disorder, and 14% of the chronic disorder) due to the instant accident, according to the written evidence No. 7 and the result of the Plaintiff’s physical examination on the head of Lan University Hospital and the head of Eanman University Hospital of this Court, according to the Plaintiff’s physical examination commission on the head of Eanman University Hospital and the head of Eanman University Hospital of this Court, he appraised the pressure frame of the Plaintiff at 14% of the labor ability loss rate, and the fixed number of the doctor and the doctor and the doctor and the doctor and the doctor and the doctor are 32% of the labor ability loss rate, respectively. The Plaintiff’s labor ability loss rate is determined as follows.

The plaintiff asserts that 32% (vertebral damage I - A-1 - c; vocational coefficient 5) of the comprehensive evaluation table of Mablodr subsequent disability, and permanent disability referred to in the pressure frame, such as the first outline, provides for the retirement age of the teacher in charge in the constitution of the religious order to which he/she belongs as 75 years of age. Thus, the plaintiff's operation age should be considered as 75 years of age.

According to the statement of evidence No. 6, the plaintiff's religious order ******* Article 38(5) of the Constitution provides that "the retirement age of the standing tree shall be 75 years old." However, in light of the characteristics of the pastor's duties, such as the members' organization and organization and the presence of multiple assemblies, it is difficult to see that the plaintiff can be operated until he reaches 75 years of age, and otherwise, the plaintiff's working period is 70 years of age. Thus, it is reasonable to see that the plaintiff's working period is 70 years of age.

2) If the calculation of the Plaintiff’s lost income due to the instant accident is calculated at the present price at the time of the instant accident according to the simple discount method that deducts intermediary interest calculated at the rate of 5/12 per month among the revenues during the maximum working age based on the above recognized facts and the details of evaluation, (the period shall be calculated on a monthly basis, and the monthly amount shall be discarded), as shown in the attached Table 1 calculation table, the Plaintiff’s lost income shall be KRW 105,926,655.

(b) Medical expenses;

1) Medical expenses

From the records of the medical expenses submitted by the Plaintiff (Evidence No. 8), ① the expenses (Evidence No. 8-1) incurred by the Gann National University Hospital Foreign Affairs and the expenses (Evidence No. 8-2, No. 8-3) incurred by the Gann National University Hospital A attached to the Gannam National University Hospital was deemed the expenses incurred by the Plaintiff’s physical examination upon the court’s request during the instant lawsuit. This constitutes litigation expenses for the instant lawsuit and can be reimbursed through the final procedure of litigation (see Supreme Court Decision 9Da68577 delivered on May 12, 200), ② the details of medical expenses related to mental health department, etc. (Evidence No. 85 through 40, 43, 444 of the evidence No. 8-1), and the expenses incurred by the Plaintiff were excluded from the medical expenses of the instant case, and evidence No. 82-1 to No. 384 of the evidence No. 85-2, and the expenses were excluded from the medical expenses of the instant case.

2) Future medical treatment costs

In addition to the statement No. 7-2 of the evidence No. 7-2 of this Court and the purport of the entire argument as a result of the appraisal commission to the head of the Egyman University of Egyman University of Egyman, the fact that the above appraisal commission was anticipated to have been required as water treatment expenses, etc. for three years from August 20, 2013, which was the date of response, may be acknowledged as having been anticipated to have been required as 2.7 million won each year. However, even if the expected treatment period has already expired at the time of the closing of argument, the damage of the past part may be compensated for only the actual damage (see Supreme Court Decision 2003Da23670, Jul. 25, 2003

Therefore, it is deemed that medical treatment according to the results of the appraisal commission is necessary for two years after the date of the closing of the argument in this case, and if the present price is calculated at the time of the accident in this case, the future medical treatment costs shall be KRW 4,581,360, as shown in the attached Table 3 and other statement of

(c) Nursing expenses;

Considering the above evidence and the degree of injury of the plaintiff, the parts and degree of injury of the successor, the parts and degree of the successor disability, and the contents and necessity of the opening, the plaintiff can be recognized as having been in need of opening of 8 hours a day for 35 days. Thus, it is recognized as having been in need of opening of 2,646,280 won ( = 35 days x 75,608 won) as the opening cost.

(d) The defendant's ratio of liability: 70,905, 321 won [ = 118, 175, 535 won = lost income + KRW 105, 926, 655 + KRW 5,021,240 + future medical expenses + KRW 4,581, 360 + KRW 2,646, 280 + 60% of the weather opening expenses)];

(e) consolation money;

The details and results of the instant accident, the age of the Plaintiff, and the degree of negligence of the Plaintiff, etc., shall be determined as KRW 15 million in consideration of various circumstances shown in the pleadings of the instant case.

F. Sub-committee

Therefore, the Defendant’s KRW 85,905, 321 ( = Property damage = KRW 70,905, KRW 321 + 15 million + The date of the instant accident, July 18, 2012, which is the date of the instant accident, to the Plaintiff, and the date of the instant judgment from July 18, 2015, which is the date of the instant judgment.

3. By the time of 19. 19., 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

4. Conclusion

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

Judges Kim Jong-jin

Judges Lee Dong-ju

Judges Kim Gin-Un