2017Na42783 Claims for Damages

A

The National Freight Trucking Federation

Seoul Central District Court Decision 2014Da140319 Decided June 7, 2017

May 24, 2018

June 12, 2018

1. The judgment of the first instance, including the plaintiff's claim extended by this court, shall be modified as follows:

A. The defendant pays to the plaintiff 307,880,586 won and 280,765,965 won per annum from August 7, 2012 to June 7, 2017; 15% per annum from the next day to the day of full payment; 5% per annum from August 7, 2012 to June 12, 2018 to the day of full payment; 5% per annum from the next day to the day of full payment; and 15% per annum from the next day to the day of full payment.

B. The plaintiff's remaining claims are dismissed.

2. 15% of the total litigation costs shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

3. The above paragraph 1(a) may be provisionally executed.

[Claim]

The defendant shall pay to the plaintiff 375,231,371 won with 5% interest per annum from August 7, 2012 to the delivery date of a copy of the complaint of this case, and 15% interest per annum from the next day to the day of complete payment (the plaintiff extended its claim to this court).

【Purpose of Appeal】

The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked. The defendant shall pay to the plaintiff 30 million won with 5% interest per annum from August 7, 2012 to the date of the judgment of the court of first instance, and 15% interest per annum from the next day to the date of full payment.

○○ Defendant: The part against the Defendant in excess of the amount ordered under the judgment of the court of first instance shall be revoked, and the Plaintiff’s claim corresponding to the revocation portion shall be dismissed. The Defendant shall pay to the Plaintiff 239,88,526 won and the amount equivalent to 5% per annum from August 7, 2012 to the date the judgment of the appellate court of this case is rendered, and 15% per annum from the next day to the date of full payment.

1. Occurrence of liability for damages;

This Court's explanation on this part is the reason for this Court's explanation.The part on whether to limit liability is limited is the same as the corresponding part of the judgment of the court of first instance, and this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

C. Limitation on Liability

○, however, the Plaintiff, at the time, should have taken necessary measures for the management of the accident by moving, etc. to a safe place located from the above point of accident to the maximum extent possible, but did not take such measures. However, the Plaintiff’s error in the management of the accident without taking such measures, and the Plaintiff’s error is deemed to have caused the occurrence and expansion of the accident in this case. The Defendant’s liability is limited to 90% by comprehensively taking into account the point and time of the accident in this case as indicated in the above recognition, the background and result of the accident in this case, etc.

On the ground of the judgment of 2013Da215904, the Plaintiff asserted that no negligence can be found in relation to the instant accident on the ground of the judgment. However, the above judgment was a case where the Plaintiff was stopped due to the first accident and the second accident occurred at the beginning of 22 seconds, and there was no time to evacuate to the safe place at the time, and the Plaintiff voluntarily stated (No. A-9-2 and the Plaintiff stated in the police investigation that, immediately after the accident, the driver was released from the police investigation, the Plaintiff was able to ask the other party whether he is fine or not, and then he was able to ask the other party of the insurance company and telephone number, etc., and then put the other party to the front door after having asked the insurance company and telephone number, etc. of the contents that the other party speak. Furthermore, the Plaintiff’s argument that the other party would have been about to go to the driver’s seat and that the other party would have come to walk to the safe place at the time of the occurrence of the instant accident cannot be accepted.)

○ Meanwhile, the Defendant asserts that, in addition to the Plaintiff’s above mistake, negligence is recognized when it neglected to take safety measures, such as installation of a sign, etc. under the Road Traffic Act at the time of the Plaintiff, or immediately moving the Plaintiff’s vehicle to another place. Thus, such negligence should also be considered in calculating the amount of damages. However, the Defendant asserts that ① at the time, the Plaintiff’s vehicle is merely a stop of the previous vehicle in order to avoid a collision, and thus, it is difficult to hold the Plaintiff liable for such a stop. ② The Defendant’s vehicle was parked after the Plaintiff’s vehicle was parked, and it does not directly conflict with the Plaintiff’s vehicle, and it is difficult to recognize a direct causal relationship between the instant accident and the Plaintiff’s above stop. ③ In light of the circumstances of the instant accident revealed in the instant recognition, the person who should take the above measures by the Defendant appears to be a driver of E vehicle, which conflicts with the Plaintiff’s vehicle at the time, and it is difficult to view that the Defendant did not have any obligation to take the above measures against the Plaintiff.

2. Scope of liability for damages

In addition to the following separate statements, the period for calculating the amount of damages shall be calculated on a monthly basis, and in principle, the period for calculating the amount of damages shall be calculated on a monthly basis, but less than the last month and less than the amount shall be discarded. The current price calculation at the time of the accident shall be in accordance with the fractional interest rate which deducts the interim interest at the rate of 5/12 per month. The parties' arguments that are not separately explained shall be excluded.

[Recognition-based] Facts without dispute, the evidence mentioned above, Gap's evidence, Gap's evidence 5 through 7, 10, 12 through 16, and 18 (including branch numbers), the results of each physical examination commissioned to the head of the medical school of the first instance court, the director of the medical school of the first instance court, and the results of each fact inquiry, the significant facts, the rule of experience, and the purport of the whole pleadings.

○ Actual income

The actual personal data: It shall be as shown in the column for the calculation of damages in attached Form 1.

The actual income and operating period

- The Plaintiff had been working in Korea-U.S. company. According to the rules of employment, wage payment rules, the wage ledger received by the Plaintiff before and after the instant accident, and the fact inquiry results on the Korea-U.S. company, the Plaintiff can obtain retirement age by 2,987,829 won per month (=basic pay 1,678,166 won + commuting allowance of 44,000 won + meal allowance of 120,000 won + bonus of 839,083 won per year + gross bonus of 10,068,96 won ¡À12 months) + overtime allowance of 306,580 won (in accordance with the above wage ledger and fact inquiry results, calculation of additional allowances based on monthly 20 hours, continuous and uniform payment can be recognized).

- According to the rules of employment, the retirement age of the above company accompanying the plaintiff is the last day of the month to which the date on which the plaintiff reaches 60 years of age belongs.

The Doz.

- - Fluoral surgery

It is anticipated that the fluoral fluoral fluoral fluoral disorder is expected, taking into account the degree of the disability, the fluoral fluoral fluoral fluoral fluoral fluoralsium A. B-B-3 (Vocational 5) applied 90% to the degree of the disability, the loss of 24.3

- Scarbane -

Since continuous decrease in the function of waste caused by the misappropriations of chronic velion of velion and velion of velions is anticipated, damage Ⅰ of 16% of the working ability of 5% applying the occupational coefficient of paragraph C(C), permanent disability.

The actual rate of loss of labor ability by period.

- The period of hospitalization from August 7, 2012 to June 30, 2014, which is the date of accident: 100%

The Plaintiff is recognized to have been hospitalized for the purpose of surgery and recovery seven times. The Defendant asserted that it was sufficient to provide medical treatment only from January 1, 2014 to June 30, 2014. However, considering the Plaintiff’s degree of injury, the frequency and degree of surgery performed for the treatment of the said injury, the frequency and degree of surgery performed for the treatment of the said injury, time necessary for recovery after surgery, etc., the above recognition is insufficient to reverse the above recognition, and there is no other evidence to acknowledge it otherwise.

- From July 1, 2014 to December 31, 2042: 36.41%

A person shall be appointed.

The actual tax calculation: It shall be as shown in the column of "actual income in attached Table 1."

○ Retirement Allowances: 12,170,889 won

Specific grounds for calculation shall be as shown in the daily retirement allowance in attached Form 2.

○ Wangl treatment costs: KRW 76,375,738 (i.e., KRW 7,186,568 for the Plaintiff himself/herself + Amount of KRW 1,864,414 for the National Health Insurance Corporation + Amount of KRW 67,324,756 for the Defendant’s treatment expenses, evidence No. 14-1 through 5, evidence No. 18-1 through 172), and evidence No. 4)

○ Future medical treatment costs

The actual substance of sexual affairs shall be sexual affairs;

A total of KRW 9,262,00 is required for antiscopic surgery costs, and there is no evidence to deem that such costs have been spent by the date of the closing of argument, and thus, it is deemed that the disbursement was made on May 25, 2018, which is the day following

The actual contents of the tax shall be free from regular accounts.

Rehabilitation treatment costs of KRW 3,00,000, and metal removal costs of KRW 5,000,000 are required. Since there is no evidence to deem that such costs were spent by the closing date of pleadings, it is deemed that the disbursement was made on May 25, 2018, which is the day following the closing date of pleadings.

The actual cost calculation: It shall be as shown in the attached Form 1 "Ex Post Facto Treatment Fee" sheet.

○ Nursing Expenses

As seen earlier, the actual substance of the instant accident, in consideration of all the circumstances, including the fact that it had undergone seven times of surgery, the part and degree of injury caused by the instant accident, the content and progress of treatment, and the details and necessity of nursing, etc., each of the 15 days of surgery, and each of the 105 days of age (7 x 15 days) between 105 days in total, and 15 days of adult urban male and female nursing.

The actual cost calculation: It shall be as shown in the column of the "Wangkh cost" sheet for calculation of damages in attached Form 1.

○ Limitation of Liability: Defendant’s liability 90%

○ Mutual Aid

The actual cost of treatment paid by the defendant 67,324,756 won

The actual substance of the National Health Insurance Corporation shall be 1,864,414 won in total of the medical expenses acquired by subrogation (the damage claim of the amount equivalent to the Corporation's charges under Article 58 of the National Health Insurance Act shall be transferred to the National Health Insurance Corporation, and thus the victim's damage

○ Condolence Money

The actual contents of the instant accident shall take into account all the circumstances indicated in the instant argument, such as the details of the instant accident, the Plaintiff’s age and degree of negligence, and the parts and degree of injury and after-the-job disability.

The actual tax amount which shall be recognized: 29,000,000 won

○ Sub-committee

Therefore, the Defendant: (i) KRW 307,880,586 (i) KRW 263,451,903 + positive damages + KRW 15,428,683 + KRW 29,000 + KRW 280,765,965 (i) passive damages cited in the first instance trial + KRW 251,765,965 + KRW 29,000 + KRW 29,000), which is the date of the instant accident, from August 7, 2012 to June 7, 2017, KRW 5 per annum under the Civil Act; (ii) KRW 15% per annum from the following day to the date of full payment; (iii) KRW 27,114,214; and (iv) KRW 29,681; and (iv) the Defendant’s duty to additionally pay damages to the Plaintiff at the rate of KRW 15% per annum, which is recognized by the court, from the date of full payment; (iv) KRW 136858.168.

3. Conclusion

Thus, the plaintiff's claim, including the claim extended by this court, shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed as without merit. The judgment of the court of first instance is unfair with the conclusion different. As such, the plaintiff's appeal against the passive damages and the defendant's appeal against the positive damages are partially accepted, and the judgment of the court of first instance is modified as per Disposition.

Judges Kim Sung-sung

Judges Kim Jong-soo

Judges Kim Sung-sung

1) The Plaintiff asserted that the time from the occurrence of the accident between the Plaintiff and E to the occurrence of the instant accident is only one minute based on the statement at D’s police, the victim of the preceding accident (Evidence No. 9-31). However, the said D’s statement is difficult to determine the exact time in light of the fact that it is difficult to determine the exact time, and the Plaintiff’s above statement, etc.

2) Of the written confirmation for payment of the medical expenses submitted by the Plaintiff, there were overlapping parts between Gap evidence 14-2 and Gap evidence 18-1, Gap evidence 14-3 and Gap evidence 18-17, and the overlapping part was excluded.

A person shall be appointed.

A person shall be appointed.