2016 Ghana8442 Compensation (as referred to in this paragraph)

A person shall be appointed.

Namyang-si

As a minor, the legal representative parent C

Attorney Choi Woo-soo, Counsel for the defendant-appellant

B Insurance Corporation

Seocho-gu Seoul

Maximum 00

Attorney Yellow 00, Park 00

May 16, 2018

June 27, 2018

1. The Defendant shall pay to the Plaintiff 53, 867, and 670 won with 6% interest per annum from March 15, 2015 to June 27, 2018, and 15% interest per annum from the next day to the day of full payment.

2. The plaintiff's remaining claims are dismissed.

3. One-third of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff 86, 423, 061 won and the amount calculated by the ratio of 6% per annum from March 15, 2015 to the service date of a duplicate of the application for modification of the claim and the cause of the claim in this case, and 15% per annum from the next day to the day of complete payment.

1. Occurrence of liability for damages;

(a) Basic facts

1) D around 16:30 on March 15, 2015, around 16:30, while she was satising the Plaintiff in the vicinity of Jyang-si, Nam-si, the Plaintiff was satising. The Plaintiff was approaching the opening, and the opening of the dog was not opened to the Plaintiff (six years of age and nine years of age at the time of birth on June 11, 2008), and D laid down the opening.

2 ) 원고는 위 일시 , 장소에서 개에게 흉부와 안면부 등을 물렸고 ( 이하 ' 이 사건 사 고 ' 라 한다 ) , 이로 인해 3주의 치료를 요하는 ①다발성 흉벽의 열린 상처 , ②외상성 피 하기종 , 흉벽 , ③볼의 열린 상처 , ④두피의 열린 상처 , ⑤귓바퀴의 열린 상처를 입었으 며 , 두피 , 안면부 , 귀 , 흉벽의 봉합술과 외이도손상 복원술을 받는 등 18일간 입원치료 를 받았다 . 또한 , 원고는 이 사건 사고 이후 정신적 충격으로 인하여 미술치료 , 최면치 료 등을 받았다 .

3) Meanwhile, D received a summary order of KRW 500,000 as a result of the instant accident on December 21, 2015 due to the crime of injury by negligence (this Court Decision 2015 High Court Decision 16394).

4) The defendant is D's insurer of the Health Partnership of the New Health Insurance era (hereinafter "the insurance of this case"), who is the insured, and according to the "special agreement on liability for damages during the family life of the above insurance", the defendant is obliged to compensate for the damage liability that D shall compensate for to another person within the limit of KRW 100 million.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 14, 15 evidence, 16 evidence, Eul evidence 1 (including each of the above mentioned numbers) or video, significant facts in this court, the purport of the whole pleadings.

B. Recognition of liability

According to the above facts, D had a duty of care to prevent the Plaintiff from suffering any other person, such as cutting off a dog and cutting off a dog, but caused negligence in failing to install safety devices, such as a fright dog and a dog, and caused the Plaintiff to suffer a significant injury on the Plaintiff by failing to remove or remove his dog immediately after the accident occurred. Accordingly, D, as a possessor of an animal, caused damage to the Plaintiff by failing to perform his/her duty of care in custody, and the Defendant is obligated to pay the Plaintiff insurance money under the insurance contract of this case within the limit of KRW 100 million among its liability for damages to the Plaintiff.

C. Limitation on liability

However, at the time of the instant accident, the Plaintiff was under the age of the first grade (six years and nine months) of elementary school. The Plaintiff was married without the parents to protect and supervise himself at the place where the accident occurred, and the Plaintiff’s parents did not sufficiently guide the Plaintiff so that they do not come back to the largest side of the Plaintiff. Since the Plaintiff’s negligence contributed to the expansion of the damages, the Plaintiff’s and the Plaintiff’s parents’ negligence contributed to the expansion of the damages, taking this into account, the Plaintiff’s negligence shall be considered as the negligence on the part of the Plaintiff’s side, and the negligence shall be considered as 20%, and the Defendant’s responsibility shall be limited to 80%.

2. Scope of 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 KRW 10 shall be discarded. The current price calculation at the time of the accident shall be governed by the door-to-door discount method that deducts the intermediate interest at the rate of 5/12 per month. In addition, the parties’ claims that do not separately state.

[Ground of recognition] The fact that there is no dispute, Gap evidence Nos. 6 through 12, evidence No. 17, and the court's entrustment of physical appraisal to the director of the school of the next generation and fact inquiry results, the purport of the whole pleadings

(a) The king medical expenses: 4, 603, 061 won ( = 00 hospital hospitalization and outpatient 2, 466, 819 won + 286, 242 won + 550,000 ＋ 1,300 the highest psychological research institute; and

(b) Future medical expenses (refer to Attached Form 2): 25, 231, 527 won ( = antisscopic 8,028, 690 won + Mental necessity Act of 15, 222, 012 + 1,242, 750 won + 738, 075 won for a clinical examination).

O Although the Plaintiff claims the amount of KRW 10,000,000 for sex alcohol 1 and one million for future medical treatment, it is not enough to recognize that the evidence evidence No. 13 alone requires the treatment of the Plaintiff’s assertion, and there is no evidence to acknowledge otherwise, this part of the allegation is rejected.

C. The defendant's liability limitation ratio of 80% (see the above 1. C.)

(d) Condolence money;

1) Reasons for taking into account: All circumstances revealed by the closing date of arguments in the instant case, including the developments leading up to the instant accident, the degree of the Plaintiff’s injury, the rate of negligence, the Plaintiff’s age, and the treatment progress;

2) The amount recognized: 30,000,000 won

E. Sub-committee

The defendant is obligated to pay to the plaintiff 53, 867, 670 won [[(4, 603, 061 won + 25, 231, 527 won x 0.8] + 30, 000, 000 won] and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from March 15, 2015 to June 27, 2018, which is the date of this decision, reasonable to dispute over the existence or scope of the defendant's obligation to perform, from March 15, 2015, to June 27, 2018, and from the following day to the date of full payment.

3. Conclusion

The plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as they are not reasonable. It is so decided as per Disposition.

Judge Wang Jin Order