2016 Ghana 31205 Damage (as defined)

1. A (Name B after the opening of name);

Legal Representative C, Mad

2. C

3. D.

[Judgment of the court below]

1. E;

2. F;

[Defendant-Appellant] Plaintiff 1 and 5 others

October 5, 2016

November 30, 2016

1. The Defendants jointly pay to Plaintiff A 3,38, 670 won, Plaintiff C 1,00 won, Plaintiff D 1,000 won, Plaintiff D 1,00,000 won, and 5% per annum from July 9, 2015 to November 30, 2016, and 15% per annum from the next day to the day of full payment.

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

3. 3/4 of the costs of lawsuit is assessed against the plaintiffs, and the remainder is assessed against the defendants.

4. Paragraph 1 can be provisionally executed.

Defendants jointly and severally pay to Plaintiff A 15, 762, 366 won, 2,00 won, 00 won to Plaintiff C, 2,000 won to Plaintiff D, and 2,00,000 won to Plaintiff D, and 5% per annum from July 9, 2015 to September 29, 2016 the delivery date of a copy of the claim and the written application for modification of the petitioner’s authorization.

1. The occurrence of damage liability;

(a)The following facts are not in dispute between the Parties:

1) Plaintiff C is the father of Plaintiff A, and Plaintiff D is the mother of Plaintiff A.

2) Defendant E is the father of G, and Defendant F is the mother of G and is the person with parental authority.

3) Plaintiff C and G were half-year students of H elementary school.

4) G announced on July 9, 2015 at the school hours on the 5th, 2015, G deducted from the back to the fluor, and the Plaintiff C left the floor, as it is, to sit back on the fluor, to move back to the fluor. As a result, Plaintiff C suffered from the injury of the fluorries (hereinafter “instant accident”).

B. According to the above facts, G appears to be a student of the sixth grade of elementary school before and after the age of 12. As such, G is a person under no legal responsibility to change his/her legal responsibility. Therefore, the Defendants, the parents of G, are jointly liable to compensate for the damages suffered by the Plaintiffs due to the above tort in G pursuant to Article 755(1) of the Civil Act.

2. Scope of liability for damages

(a) Positive damage;

1) The Plaintiffs asserts that the instant accident caused damages to KRW 10,762,366, which occurred due to the king medical expenses.

2) Comprehensively taking account of the overall purport of the statements (including numbers; hereinafter the same shall apply) and arguments in Evidence Nos. 4, 5, 1 and 2, the Plaintiff was hospitalized in the International Hospital on July 9, 2015 due to the instant accident, and discharged from the hospital on July 25, 2015. After the Plaintiff’s cleaning at the school on August 25, 201 of the same year, the Plaintiff was found to have been inflicted an injury on the alleyr again after being cleaned at the school on August 25, 200 of the same year.

In full view of such circumstances, the medical expenses received by the Plaintiff A before August 25, 2015 can be deemed as ordinary damages having proximate causal relation with the instant accident, but the evidence submitted by the Plaintiff alone is insufficient to recognize that there exists a proximate causal relation with the instant accident with respect to other medical expenses.

Ultimately, according to the statements in the evidence No. 6-1 to No. 4, it is determined that king treatment expenses paid due to the instant accident are KRW 1,338,670 ( = 1,060, KRW 400 + 209, KRW 570 + KRW 18,500 + KRW 500 + KRW 500 + KRW 50,200).

(b) Consolation money;

1) Due to the instant accident, not only Plaintiff A, but also Plaintiff C, and D, the parent of Plaintiff A, are deemed to have suffered emotional distress, so the Defendants are obligated to pay consolation money to the Plaintiffs.

2) Regarding consolation money, the amount of consolation money shall be determined as KRW 2 million for the plaintiff, KRW 2 million for the plaintiff, KRW 3 million for the plaintiff, and KRW 1 million for the plaintiff, taking into consideration the health team, the background of the accident in this case, the age of the plaintiff A, the degree of the injury suffered by the plaintiff in this case, and all other circumstances, such as the treatment thereafter.

3. Conclusion

Therefore, the defendants jointly pay the plaintiff A 3,38,670 won ( = medical expenses 1,338,670 won + the above 2,00 won + the consolation money 1,00,000 won, the consolation money 1,000,000 won for the plaintiff C, the consolation money 1,00,000,000 won for the plaintiff D, and each of the above money from July 9, 2015, which is the date of the accident of this case, deemed reasonable to dispute the scope of the defendants' obligations to pay damages for delay at the rate of 15% per annum under the Civil Act until November 30, 2016, which is the date of this decision, and 5% per annum from the following day to the date of full payment.

Therefore, the plaintiffs' claims against the defendants are justified within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

Judges Lee Jong-won