206 Gohap3762 Claims for damages

1. AA;

2. BB

3. CCC.

4.D;

5. E;

6. F;

[Judgment of the court below]

1. GG;

2. HH

3. III

[Judgment of the court below]

January 10, 2007

February 28, 2007

1. The Defendants jointly and severally pay to Plaintiffs AA and BB 53,198,468 won, Plaintiff DD, CCC, EE, and FF 2,50,000 won, respectively, and 5% per annum from December 2, 2005 to February 28, 2007, and 20% per annum from the next day to the date of full payment.

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

3. The costs of lawsuit shall be borne by each person;

4. Paragraph 1 can be provisionally executed.

The defendants jointly and severally pay to the plaintiffs AA and BB 201,535,340 won each of them, with 5,000,000 won per annum from December 2, 2005 to the delivery date of the complaint of this case, and 20% per annum from the next day to the payment date of the complaint of this case.

1. Occurrence of liability for damages;

(a) Facts of recognition;

The following facts are not disputed between the parties, or acknowledged by considering the whole purport of the pleadings in each entry of Gap evidence 1 to 5 and Gap evidence 16-2 to 11.

(1) Around 03:50 on December 2, 2005, Defendant GG, a driver belonging to Defendant HH (hereinafter “Defendant HH”), caused a traffic accident as referred to in sub-paragraph (2) below (hereinafter “the instant accident”) while driving a driver of the Defendant HH on December 2, 2005, who was a driver of the Defendant HH (hereinafter “Defendant HH”), and making a left-hand turn to the ○○○○ Complex.

(2) 그 무렵 JJJ은 96부XXXX 포터트럭을 운전하여 위 ①①단지 입구 앞 편도 1차선 도로를 ▶ ▶ 사거리 방면에서 OO I.C. 방면으로 진행하다가 그곳 삼거리에 이르러 같은 방향으로 앞서가던 위 트레일러가 ①⑤단지 방면으로 좌회전하여 그 진행도로를 벗어나자 그냥 진행해가면 별일 없을 줄 알고 빠른 속도로 직진하다가 위 트럭 앞부분으로 위 트레일러의 적재함 뒷쪽에 튀어나와 실려 있던 철구조물을 들이받고 연이어 도로 좌측에 있던 전봇대를 들이받아 그 충격으로 그 자리에서 사망하였다.

(3) At that time, the said scraper’s cargo loaded 16.7m in the length of 19.35m or more of the steel structure to the back of the cargo loaded. However, the said scraper operated the cargo onto the end of the said steel structure without attaching a reflectr sign, etc.

(4) The said Leper is the ownership of Defendant HH and is affiliated with Defendant III’s Mutual Aid Association.

(5) Plaintiff AA and BB are the parents of the Sea JJ, and Plaintiff DD, CCC, EE, and FF are the siblings of the Deceased.

B. Determination

According to the above facts, the accident of this case was caused by the mistake of driving the above vehicle without any indication as to the loading of the steel structure when Defendant GG operated the above Trat owned by Defendant HH at night. Thus, Defendant GG, its user, and the owner of the above vehicle, Defendant III, the above vehicle owner, is jointly and severally liable to compensate for all damages suffered by the deceased JJ and its parents or siblings due to the above accident.

On the other hand, according to the above evidence, the above type of truck was driven by the JJ at the time of the accident in the state of 0.114% of blood alcohol concentration at the time of the accident in this case, and the above type of the so-called so-called so-called so-called so-called so-called "on" without closely examining the state of the above-mentioned so-called so-called "on" and without securing the safety distance at a rapid speed. As such, the above accident was caused by the wind of the above-mentioned so-called "on the left-hand turn" and it is recognized that it was the main cause of the above accident. Thus, in determining the damages amount of the defendants in this case, it is reasonable to consider the above error of the JJJ in assessing the rate of negligence at 70% of the above accident and limit the ratio of the defendants' liability to the defendants' damages in this case to 30% in light of the circumstances of the above accident and the negligence of both parties.

2. Scope of damages.

(a) lost income of the deceased JJJ;

(1) Facts of recognition and evaluation

J shall be 268,323,121 won when calculated at the present price at the time of the accident of this case in accordance with the Hofmanal Calculation Act, which deducts interim interest at the rate of 5 percent per annum for the income lost due to the accident of this case (Provided, That this shall not apply to less than a month and less than a won for the convenience of calculation), gender (a) male:

Date of birth on October 0, 000: The age of 00 years and 00 months at the time of an accident;

Occupational: ○○ Madle Madern, Madle Madle, Inc.

(B) Age and maximum working age: 55 years of age 60 years of age to the maximum working age of those engaged in daily work in an urban community.

(C) The IncomeJJ earned monthly average of 1,777,272 won (one-month average of 19,550,000 won for the above-mentioned period: 11 months) from January 1, 2005 to November 30, 205 while serving as an employee of Do governor Do governor, and on the other hand, around January 2006, around 2006, the daily wage of urban ordinary workers was 5,252 won. Thus, if the above accident did not occur, the JJ earned monthly wage of 1,777,272 won from the above company's retirement age until October 30, 205, until October 1, 2005, the average of 60 years of working age of urban ordinary workers (one-month total of 19,550,000 won) and 2,50,000 won (one-month average wage of 2,500,000 won).

[Ground of recognition: Facts without dispute; Gap evidence 1, 2, 3, 13-1 through 8, Gap evidence 14, Gap evidence 15-1, 2, Eul evidence 2-1, 2, 000, 000, 13-1, 14, 15-1, 2, 2-1, 2-2, 000, and 15-2]

(2) Calculation

(A) From the date of the accident to October 0, 000, 1,777,272 X 2/3 X 210.2370 = 249,098,888 won for 337 months from the date of the accident

(B) From October 0, 000 to October 0, 000, 1,215,544 won for 60 months x 2/3 x 2/3 x 19,224,23 (c) = 268,323,121 won (249,08,88 won + 19,224,233 won)

(b) Funeral expenses.

Funeral expenses incurred by Plaintiffs AA and BB due to proximate causal relation with the instant accident are recognized as KRW 3,00,000 (in the absence of any dispute, the purport of the entire pleadings).

(1) Liability ratio of the Defendants: 30% (see the above 1.b.)

(2) The deceased JJ's lost income: 80,496,936 won (268,323,121 won x 0.3) (3): Funeral expenses: 900,000 won (3,00,000 won x 0.3)

(d) Condolence money;

Considering the background and result of the instant accident, the background and result of the GJ, the age of the GJJ, the Plaintiffs’ family relationship, and their living conditions, etc., it is reasonable to set KRW 15 million in the case of the GJ, KRW 5 million in each of the cases of Plaintiffs AA and BB, KRW 5 million in each of the cases of Plaintiffs DD, CCC, EE, and F, KRW 2.5 million in each of the cases of Plaintiffs DD, CCC, EE, and F. e. inheritance relationship.

Plaintiff AA and BB, the parent of the deceased J, inherited the deceased’s damage claims against the Defendants in total amounting to KRW 95,496,936 (the lost income of KRW 80,496,936 + KRW 15,000,00) at one-half of each share of inheritance.

F. Damages against the Defendants’ Plaintiffs

Therefore, the amount of damages that the Defendants are liable to compensate for to the Plaintiffs due to the instant accident is KRW 53,198,468 in total [the inheritance amount of KRW 47,748,468 + funeral expenses of KRW 450,000 ( KRW 900,000 + KRW 1/2 + consolation money of KRW 5,000,00], Plaintiff DDD, CCC, EE, and FF, respectively, KRW 2,50,000 in consolation money.

3. Conclusion

Therefore, the defendants are jointly and severally obligated to pay to plaintiffs AA and BB 53,198,468 won, plaintiffs DD, CCC, EE, and FF each of them from December 2, 2005, which is the date of the accident of this case, 2,500,000 won, and 5% per annum under the Civil Act from February 28, 2007, which is the date of the judgment of this case, until February 28, 2007, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from the next day to the date of complete payment. Thus, the plaintiffs' claims against the defendants of this case against the defendants are justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.

The presiding judge, the Park Jae-soo

Judges Yoon Young-young

Judges, Hwang Young-hee, and whose name and seal can not be affixed.

The presiding judge