208 Ghana7440 Damages (i.e., one)

○○ (85 2)

Gunpo-si

[Defendant-Appellant] Gyeong-gu et al.

Attorney 000

Dogdae-gu, Dogsan

Seoul

Representative Director 000

Attorney Park Jae-soo, Counsel for the defendant-appellant 000

April 30, 2009

May 18, 2009

1. The defendant shall pay to the plaintiff 11, 327, 018 won with 5% interest per annum from October 00, 2006 to May 00, 2009, and 20% interest per annum from the next day to the day of full payment.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit, 50% is borne by the Plaintiff, and the remainder is borne by the Defendant.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff 21, 127, 390 won with 5% interest per annum from October 0, 2006 to the delivery date of a copy of the application for modification of the claim and cause of the claim of this case, and 20% interest per annum from the next day to the date of complete payment.

1. Occurrence of liability for damages;

A. Facts of recognition

100 on October 00, 200: (a) around 00, 00, while driving a taxi of 00 fl. 00 fl. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f.

[Evidence] In the absence of dispute, Gap evidence No. 1, Gap evidence No. 2-1 to 5, Gap evidence No. 5-1 to 9, the whole purport of the pleading.

B. According to the above facts, the defendant is liable to compensate for damages suffered by the plaintiff who is the passenger due to the instant accident that occurred during the operation of the above taxi as an insurer.

C. Whether to limit liability

The defendant asserts that at the time of the accident of this case, negligence without wearing safety belts should be taken into consideration in determining the scope of damages.

According to the evidence evidence Nos. 1 and 1, the fact that the Plaintiff did not wear the safety belt at the time of the instant accident is recognized. However, in full view of the evidence No. 11 on the video of the evidence No. 6, it can be recognized that the Plaintiff could not wear the safety belt because the safety belt of the above taxi was concealed or removed at the time of the instant accident. Considering these circumstances, the Plaintiff’s failure to wear the safety belt cannot be deemed as negligence. Accordingly, the Defendant’s above assertion is rejected.

2. Scope of damages.

(a) Actual income;

(1) Facts of recognition and evaluation;

(A) Gender: Women

Date of birth:00,000,00.0

Age: 21 years of age and 9 months at the time of the instant accident;

(b) occupation and income;

At the time of the instant accident, the Plaintiff had worked in △△ corporation, and had an average of 2,028,121 won (24, 337, 462: 12 months) monthly income.

(C) Suspension period

The Plaintiff was hospitalized from the date of the instant accident to December 00, 2006 due to the instant accident. Various circumstances shown in the pleadings, such as the period of hospitalization, the degree and degree of injury, etc.

In full view of the foregoing, it is reasonable to view that the Plaintiff lost 100% of the labor ability for two months due to the instant accident.

(2) Calculation

According to the above facts, the daily income resulting from the plaintiff's accident of this case is 4,030,890 won (monthly income 2,028, 121 x 100% x 100% x 9875 for two months).

(b) Expenses for medical treatment: 96, 500 won;

(c) Expenses for future treatment;

As for the plaintiff, it is necessary to treat the plaintiff with gymnasium and two gymnasium. The operation cost is a total of KRW 7,00,00 and KRW 000. The operation cost is deemed to have undergone the above operation on May 00, 2009, for the convenience of calculation after the closing date of argument, and the present cost is calculated, KRW 6,19,628 ( KRW 7,00,000,000 (+ 1 + 05 x 31 months: 12 months).

(d) Condolence money;

In full view of the circumstances revealed in the arguments such as the background of the instant accident, the degree and degree of injury, and the hospitalization period, consolation money shall be set at KRW 1,00,000, and KRW 000.

[Evidence] In the absence of dispute, Gap evidence Nos. 7-1, 2, Gap evidence No. 8, Gap evidence No. 9, Gap evidence No. 10, the result of the commission of physical appraisal to the director of insurance policy, and the result of fact inquiry to the director of insurance policy, the whole purport of the oral argument.

3. Conclusion

Therefore, the defendant shall pay to the plaintiff KRW 11,327,018 (daily income of KRW 4,030, KRW 890 + KRW 96,500 + future treatment expenses of KRW 6,199, and KRW 628 + solatium of KRW 1,000,00), which is the date of the accident of this case, to the plaintiff from October 0, 2006 to May 00, 2009, which is the date of the sentencing of this case, that the defendant's objection against the scope of his obligation is reasonable, and that the damages for delay calculated at 20% per annum as stipulated in the Civil Act from the next day to the day of full payment until the day of complete payment, shall be dismissed as the plaintiff's claim is without merit, and the remainder of the plaintiff's claim shall be dismissed as it is without merit.

Judges Jeon Jin-jin