6 years of age and seven months of age and the duty of care of a guardian accompanying such a child;

In the case of getting off or getting off a bus, a parent who is accompanied by him/her has a duty of care to find his/her whereabouts and deliver him/her to a safe place from the bus as soon as he/she / she gets off or getting off the bus, and the degree of negligence caused by his/her negligence should be considered in calculating the amount of damages by the fault on the part of the victim, who is an incompetent person.

Articles 753 and 763 of the Civil Act

Plaintiff 1 and four others

Busan Gyeong-maid Co.

Seoul Central District Court (86A559) of the first instance court

(1) Of the parts against Plaintiff 1 in the original judgment, the part dismissing the claim of 400,000 won with an annual rate of 5% from November 8, 1967 to the date of full payment shall be revoked.

(2) The defendant shall pay the above money to the plaintiff 1.

(3) All remaining Plaintiffs’ appeals except Plaintiff 1, Plaintiff 1’s remaining appeals, and Defendant’s appeals are dismissed.

(4) All the costs of lawsuit are divided into two parts of the first and second trials, and one of them is the defendant, and the other one is the defendant, respectively.

The plaintiffs' legal representative expands the purport of the claim at the trial, and the defendant pays to plaintiffs 1 3,436,497, 155,212, 130,562, 30,562, 30,000 won to plaintiffs 4, and 5 with an annual rate of 5% from November 8, 1967 to the full payment date.

The judgment that the costs of lawsuit shall be borne by the defendant and the declaration of provisional execution were sought.

The plaintiffs' attorney shall revoke the part against the plaintiffs in the original judgment.

The defendant shall pay to the plaintiff 1 the amount equivalent to 2,306,497 won, 125,212 won, 100,562 won to the plaintiff 3, and 20,562 won to the plaintiff 4, and 5 the amount equivalent to 5% per annum from November 8, 1967 to the date of full payment.

All the costs of lawsuit shall be assessed against the defendant in the first and second instances, and a declaration of provisional execution shall be sought, and the defendant's attorney shall revoke the part against the defendant in the original judgment.

All of the plaintiffs' claims are dismissed.

The court of first and second instances sought a judgment that all the costs of lawsuit should be borne by the plaintiffs.

( tort)

The fact that the non-party 1 was the driver of the motor vehicle owned by the defendant company, and the fact that the plaintiff 1 sustained the injury due to the shock on the motor vehicle of the defendant company is not a dispute between

The non-party 1, Eul evidence Nos. 2-1 (Judgment), Eul evidence Nos. 2 (written evidence of non-party 2), Eul evidence Nos. 1-1 (written evidence), and Eul evidence Nos. 2-2 (written evidence of non-party 3), which can be established by the testimony of the non-party 3, have no dispute over the establishment of the dispute. The non-party 1, as a defendant company's employee, was the driver of the Gyeonggi-do 537, and the above non-party 1 was sent to the above non-party 1 (written evidence of non-party 1), followed the non-party 1's second-party 1's second-party 1's second-party 1's second-party 2's second-party 3's second-party 1's second-party 1's second-party 3's second-party 1's second-party 1's second-party 2's second-party 3's second-party 1's second-party 3's second-party 1's second.

According to the above facts, as non-party 1, who is a driving company of the 4th anniversary of the above fact, stops the 4th anniversary of the plaintiffs' whereabouts, and re-influences after making the 1st 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 4th 5th 4th 5th 196th 10.

(Property) 1. Medical expenses: (a) If the testimony of the above witness was taken in each of the evidence No. 8 (written claim) evidence No. 5 (1.2) evidence No. 9 to evidence No. 11 (written claim for medical expenses and estimated medical expenses) which could be recognized by the testimony of the witness Non-party 4, the plaintiff 1 needs to provide hospital treatment expenses of 1,658,140 won from November 7, 1967 to April 15, 1969 to treat the injury suffered by the accident of this case, and the hospital treatment expenses of 68,00 won can be acknowledged as being further required at its own expense until the completion of the hospital treatment for one-month again until the non-party 4 was completely cured.

2) Artificial Team: According to the statements in Gap evidence No. 4, which can be recognized by the testimony of non-party 3 of the first instance court witness Gap evidence No. 2-2, the plaintiff 1 must wear artificial legs on both legs even after the completion of treatment. This is clear that the plaintiff 1 should be replaced with 11 times every 6 years up to 61 years up to 61 years up to 61 years up to 61 days up to 12,00 won each year by the entry in evidence No. 5-1, 2 (Simplified Life Table) No. 5, which does not dispute over the establishment after adult age, with the growth of the plaintiff 1, it is clear that the amount of sufficient money should be calculated with 12,00 won, 3,000 won at one time, 3,000 won at one time, and 25,000 won at the present rate after deducting the present rate of 5,00 won at 25,000 won per annum.

3) Daily profit: According to the statements in Gap evidence 1-1, Eul evidence 5-1, 5-1, 5-2 from the front day: plaintiff 1 is acknowledged to have remaining 5 years of age as he was six years of age and seven months of age at the time of this accident. Thus, he is presumed to be able to continue to work until 61, and even if he was engaged in daily work in agricultural community at least after his adult age, he may obtain 285 won per day which can be recognized by the statements in Gap evidence 6-3, 4 (CFT) and 5-1, and according to the empirical rule, he may obtain 300 days of age 50 each year 】 200 years of age 555, and it is obvious that the plaintiff 260% of his average remaining time is 55 years of age. Thus, even if he wears after his full completion of treatment 】 300 years of age 2,500,000 won per annum, he shall be deemed to have reached the above 20650-1 annual profit.

4) Nursing costs: Plaintiff 1’s attorney sought compensation on the ground that Plaintiff 2 and 3, the parents of Plaintiff 1, were provided with nursing services in shift during the period of the above hospital treatment, and thus, they did not have any evidence to prove that Plaintiff 2 and 3 suffered damages to the wage party. Thus, even if he had provided such nursing services during the period of the hospital treatment of Plaintiff 1, there is no evidence to prove that Plaintiff 2 and 3 suffered damages to the party, and even if he had provided the said nursing services, it shall be deemed that the nursing costs of the hospital staff directly needed for the treatment include the nursing costs of the hospital staff directly required for the treatment of the injury, and that the nursing services of Plaintiff 2 and 3, etc., during the hospital treatment of the child under the age of Plaintiff 1, who is the parents, are not directly required for the treatment of the injury. Accordingly, the Plaintiffs’ claim for damages cannot be rejected by this case’s accident.

5) Set-off of negligence: The total amount of the property damage of Plaintiff 1, recognized as above, was 2,786,121, which was 2,786,121, when offsetting the victim’s negligence, the amount of damages that the Defendant is liable to compensate for is deemed reasonable to be KRW 1,50,000, and the fact that the Defendant already received KRW 70,000 among them is the Plaintiff’s person, and thus, the amount of damages that the Defendant is liable to deduct would be KRW 1,430,000.

(C) The plaintiff 2 and 3 had already been the parent of the plaintiff 1, and according to the plaintiff 1-2 (No. 1) evidence No. 1-1 of the plaintiff 1, the plaintiff 4 and the plaintiff 5 can be identified as the plaintiff 1's grandparent. The plaintiff 4 and the plaintiff 5 are the plaintiff 1's grandparents. The fact that the plaintiffs received a large amount of mental distress due to the accident in this case was easily recognized in light of the empirical rule. Thus, the defendant is obligated to pay consolation money to each of the plaintiffs. Further, considering the circumstances of the accident in this case, the degree of injury, the degree of negligence of both the plaintiff and the defendant, the degree of negligence of both the plaintiff 1 and the defendant, the age, social status, and property level of the plaintiff 2 and the defendant as shown in this case, it is reasonable to consider the amount as 100,000 won for the plaintiff 1, and 30,000 won for the plaintiff 2 and 3, respectively, and 10,000 won for the plaintiff 1.

(Final) Accordingly, the defendant is obligated to pay to the plaintiff 1 the amount of KRW 1,530,00, KRW 30,000, KRW 400, KRW 500, and KRW 10,000, respectively to the plaintiff 4, and KRW 500,00, respectively, and damages for delay in civil procedure at the rate of 5% per annum from November 8, 1967, the following day of the accident of this case to the date of full payment. The plaintiffs' claims are reasonable within the above recognition scope, and the remainder shall be accepted within the above recognition scope, and the court below's judgment has a different conclusion. Since the part against the plaintiff 1 is revoked and the remaining part against the plaintiffs is just in conclusion, the remaining appeals by the plaintiff 1, the plaintiffs other than the above plaintiffs and the defendant' appeals are dismissed, and all appeals by the plaintiff 4, and by applying Articles 96, 93, and 92, Article 92, and 99 of the Civil Procedure Act to the costs of lawsuit.

Judge Sick-man (Presiding Judge)