Plaintiff 1 and three others (Attorneys Park Jong-chul et al., Counsel for the plaintiff-appellant-appellee)

ELa District Damage Insurance Co., Ltd. (Law Firm Seo-Gyeong, Attorney Kim Jong-young, Counsel for the defendant-appellant)

December 4, 2008

1. The defendant shall pay to the plaintiff 1 the amount of KRW 160,964,090, KRW 5 million to the plaintiff 2, and KRW 1 million to the plaintiff 4, KRW 5 million per annum from December 3, 2006 to February 5, 2009, and KRW 20% per annum from the next day to the day of full payment.

2. The plaintiffs' remaining claims are all dismissed.

3. Of the litigation costs, 75% is borne by the Plaintiffs, and 25% is borne by the Defendant.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff 1 627,136,957 won, 20 million won to the plaintiff 2, and 3 respectively, 8 million won to the plaintiff 4, 5% per annum from December 3, 2006 to the date of this judgment, and 20% per annum from the next day to the date of full payment.

1. Occurrence of liability for damages;

A. Grounds for liability

(1) Facts of recognition

(A) On December 25, 2003, around 08:55, the Nonparty: (a) driven a truck (vehicle registration number omitted) owned by the unlimited partnership company’s new food industry on the two-lane road in front of the Dong-dong New Stocks (road registration number omitted) in Jinju-si on the two-lane road in front of the Dong-dong New Stocks; (b) caused the injury to Plaintiff 1, who driven the said vehicle by driving the (vehicle registration number omitted) in a main stream of blood alcohol concentration of 0.128% from the upstream of the sewage treatment site to the upper intersection in accordance with the occupational negligence of the said road, where the Plaintiff 1 turned the central line at the speed of 20-30km at the speed of speed on the narrow road to a narrow road (hereinafter “instant accident”).

(B) Plaintiffs 2 and 3 are the parents of Plaintiff 1, and Plaintiff 4 are the parents of Plaintiff 1, and the Defendant is an insurer who entered into a comprehensive automobile insurance contract with unlimited partnerships to compensate for losses caused by accidents that occur during the possession, use, or management of the foregoing sea vehicles.

【Non-contentious facts, Gap’s statements, Gap’s evidence Nos. 1, 3, 4, 5, 8, 16 (including additional numbers), the result of the appraisal of appraiser’s right, the purport of the entire pleadings

(2) According to the above facts, pursuant to Article 724 (2) of the Commercial Act, the defendant is obligated to compensate the plaintiffs for the damages suffered by the plaintiffs due to the accident in this case.

B. Limitation on liability

The facts of Plaintiff 1’s driving in a state of considerable driving are as seen earlier, and if Plaintiff 1 discovered and took appropriate measures to ensure the speed of driving without driving under the influence of alcohol, it would have avoided the instant accident or prevented the expansion of damage, and thus, the Defendant’s liability ratio is limited to 50% by deeming the negligence of Plaintiff 1 to exceed 50%.

2. Scope of liability for damages

In addition to the following separate statements, the calculation sheet of the amount of damages as stated in the attached Form (hereinafter referred to as the "monthly shall be included on the side on which the amount is less than the won and less than the last month shall be discarded, and the period shall be calculated on a monthly basis as a principle, and it shall be calculated at the present price at the time of the accident, and it shall be excluded if it is not separately explained in accordance with the discount method that deducts the interim interest at the rate of 5

(a) Actual income:

(1) Gender, date of birth, life expectancy, and maximum working age

As indicated in the item column of the attached calculation sheet: Provided, That the maximum working age shall be deemed from December 3, 2006 to December 2, 204, which is anticipated that Plaintiff 1 was attending the university as 19 years of age at the time of the instant accident and was in school for military service, and that he/she would have completed military service.

(2) Income;

The actual income shall be calculated based on the daily wage of an ordinary urban worker as requested by the plaintiffs.

(3) Rate of loss of labor capacity

(A) The part of the prison labor

As to the cutting not on both sides, 48% of each 48% of the Mabrid Ⅲ-2 shall be applied, applying the Mbrid 2-B-4 items to the physical disability of the right shoulder, 18% of the market sea for three years, 3, and 4% of the Mabrid 5-B-3 items to the right side, 78.71% of the complex disability ratio of the above disability for three years, and the labor disability ratio of 74.04% of the other disability except for the above shoulder 3-2 disability for the remaining life.

(B) The part of sex capital

The plaintiffs asserted that the plaintiff 1 lost labor ability by 15% of the reflects that occurred after the treatment of the accident in this case. However, in the event that after the aftermath disorder caused by tort, it is reasonable to deem that there is a loss of labor ability only when the trend has been considerably affected by future employment, job selection, promotion, possibility of transfer, etc. (see Supreme Court Decision 93Da35421 delivered on November 23, 1993, etc.). According to the physical examination of the head of the ordinary university hospital, such reflects appear to have a significant improvement effect on the second half of the next half anti-scopic scopic scopic scopic scopic scopic scoptym and scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic s (25960, etc.).

(4) Calculation: A statement in the column of actual income in the annexed sheet of calculation of damages.

(b) Medical expenses;

(a) Expenses for treatment: 12,422,500 won;

(2) Future treatment costs: sexual surgery costs of KRW 2,59.60,000,00,000,000 after the date of closing argument in the instant case, shall be calculated on January 31, 2009, on the basis of the convenience of calculating the cost of sexual surgery on the reflect that occurred after a creative treatment due to the instant accident, and shall be calculated at the present

(c) Nursing expenses;

Since the accident of this case requires 8 weeks opening after the accident of this case, 56 days x 52,374 won (Urban Daily Wage around December 2003) x 2,932,94

(d) Assistants;

(1) Purchase cost of king: Plaintiff 1 paid KRW 3,150,000,000 as the purchase cost of the wide-area ridges not on each side of the auxiliary job offers on April 10, 2004, and KRW 1,350,000,000,000 in total.

(2) Costs of purchase of future auxiliary equipment

Plaintiff 1 argues that two sides of a broad bridge not until the end of life expectancy due to cutting not on both sides are necessary as an auxiliary tool, and its expenses are 1,560,000 won per dog, and that 11 of its expenses are required until the end of life expectancy of five years, and that it is 15,312,024 won when calculating the current price at the time of the accident at the time of the accident at issue of this case (the plaintiffs claim that 22,00,000 won per one (the plaintiff purchased 3,150,000 won per unit). However, as seen earlier, it is considered that the plaintiff 1 purchased a broad bridge which is not on both sides, 1.5,00 won per unit by comprehensively taking into account the results of physical entrustment to the head of the ordinary university hospital, and since five years have passed since the number of chairs, the plaintiff 1 shall be deemed necessary and calculated as a new purchase from April 10, 2009).

(e) Vehicle damage;

Since Plaintiff 1’s vehicle driven at the time of the instant accident was damaged to the extent that it is impossible to repair it, it is recognized that the exchange price of the vehicle around December 2003, which is the date of the accident, KRW 3 million is the damage.

(f) Limitation on liability

(1) The defendant's liability ratio: 50%

(2) Calculation

Total amount of property damage 301,928,180 won x 50% =150,964,090 won

(g) Consolation money;

(1) Reasons for taking account of Plaintiff 1’s age, family relation, background of the instant accident, degree of injury, degree of injury, period of hospitalization and treatment, etc., as well as various circumstances related to the instant accident.

(2) Determination amount: Plaintiffs 1-10 million won, Plaintiffs 2 and 3- 5 million won each, Plaintiffs 4-1 million won each.

【Ground of recognition】 without dispute as to the existence of evidence Nos. 1, 6, 10, 11, 12, 14, and 19 (including virtual numbers), the result of commissioning the physical examination of the president of the relevant university, the significant fact, and the purport of the entire pleadings

3. Conclusion

Therefore, the plaintiffs' claims are justified within the scope of the above recognition, and some of the remaining claims are justified, and all of them are dismissed. It is so decided as per Disposition.

[Attachment]

Judges Kim Jong-soo