2012 Gohap32546 Damages

1. A;

2. B

[Judgment of the court below]

Attorney Lee Byung-ro

Seoul Metropolitan Government

Representative City Round

Law Firm Han-chan, Attorney Han-chan

[Defendant-Appellee]

December 23, 2013

January 23, 2014

1. The Defendant: 121, 420, 012 won to Plaintiff A; 5,000,000 won to Plaintiff B; and each of them:

From November 16, 2009 to January 23, 2014, 5% per annum and from the next day to the day of full payment.

L. L. 20% of the total amount of 20% per annum.

2. The plaintiffs' remaining claims are dismissed.

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

4. Paragraph 1 can be provisionally executed.

The defendant 514, 155, 526 won to the plaintiff A, 30,00, 000 won to the plaintiff B, and each of them shall be 209.

11. From 16. to Pronouncement of this case, 5% per annum and from the following day to the day of complete payment:

20% interest shall be paid in 20% interest.

1. Facts of recognition;

A. The plaintiff B is the father (the father) of the plaintiff A, and the defendant is the defendant * Congdong-dong in Jung-gu in Seoul ** * high-priced level in Seoul *

Ro (hereinafter referred to as "the high-priced road of this case") is a local government that establishes and manages a local government.

B. The plaintiff A on November 16, 2009 03:12: Seoul******** Oba (hereinafter referred to as "the tea of this case").

The driving of the instant high-priced road is driving in the direction of the movement from the full direction to the direction of the movement.

The opposite vehicle is going beyond the center line without making a proper right-hand on the Mabbbro on the Mabro-road.

Over 80cc high-level protective fences at a height of about 80cc installed on the opposite side wall (ded)

A. B. A. H. H. H. H. H. H. H. H. H. H.

The vehicle of this case is separated from the vehicle of this case and 11 meters higher than that of Seoul Western Station.

The crashed (hereinafter referred to as the "accident of this case").

C. The point of the instant accident entered the instant high-priced one lane into the instant high-priced road and o’s schedule.

the part where the road bended is to begin rapidly after a direct exhaustion. This part is to the point where the accident in this case occurred.

Before Haun, the entry side of the instant high-priced road was marked "in a thousand" on the road surface, and the Plaintiff

Signs and accidents that indicate that the speed limit is 40 km per hour on the right side of the way that A is running.

A has a sign informing that it is a branch, and the left side of the plaintiff A's proceeding lane (the opposite lane)

A sign informing that it is "a bend road" in a bend road is installed. In addition, the high-priced level of this case is also installed.

At a bend and bend at intervals of 2 to 3 meters along the median line, a starting salary shall be installed at the intervals of two or more meters.

The former had been.

D. The plaintiff A, due to the accident in this case, shall have an external traumatic blood, a light heromatic blood, and cerebral blood, respectively.

The upper half of the left-hand and non-permanent aggregate, the upper half of the upper half of the upper half, the upper half of the upper half of the upper half, the upper half of the upper half of the upper half, the upper half of the upper half of the

It is the state of cutting off the left-hand-hand side by suffering damage.

【Uncontentious facts, Gap 1, 2, 13, and 15 (which have a number)

each entry of evidence Nos. 1, 2, and 1, 2, and the purport of the whole pleading

2. Occurrence of liability for damages;

A. Relevant provisions

Article 37 of the Road Act and Article 38 of the Rules on the Standards for Structure and Facilities of Roads

A person shall, if deemed necessary for the prevention of a traffic accident, provide guidance facilities for starting a traffic accident and protective protection;

Flags, shock absorption facilities, lighting facilities, speed prevention facilities, road reflectors, anti-slock prevention facilities, eths, and eths;

Packaging, emergency brakes, safety facilities in an open area, crosswalk training (including underground crosswalks), etc.

The road safety facilities shall be installed.

In order to determine detailed matters on this, the Ministry of Land, Transport and Maritime Affairs shall install road safety facilities

The Road Safety Guidelines (hereinafter referred to as the "Road Safety Guidelines") is enacted and implemented, and the accident in this case occurs.

The main contents of the Road Safety Guidelines enforced at the time of occurrence are as follows:

[Road Safety Guidelines] Part 1 Facilities ① Facilities for the guidance of drivers are installed to induce drivers at night and end of the road, specifying the end of the road and the form of the road line, and there are signs, signs, etc. (1.3(a). ② Facilities for the guidance of drivers are installed to ensure that drivers can clearly understand the form of the road and the degree of digging at the location of the road at the place where there is a poor level of view, such as the flat male, etc. (3.1.), the facilities for the guidance of drivers; the facilities for the guidance of drivers are installed at the section where the front line of the road changes rapidly (3.2. 2. 2. 2. 3. 3. 4. 4. 3. 4. 3. 3. 4. 3. 3. 3. 4. 3. 3. 4. 3. 3. 3. 3. 4. 3. 3. 3. 3. 4. 3. 3. She are installed at the center of the road.

The dangerous location of traffic accidents is a facility installed with the purpose of spatial separation of traffic in the same and opposite direction and prior notice of a dangerous section by subsidizing marking of the surface at a place where the driver's attention is considerably required (as of February 3, 200). Part III vehicle safety facilities ① vehicle protection facilities shall be installed out of the way to prevent the vehicle from departing from the way to the opposite direction, or shall be installed as a facility to prevent direct collision with the structure, to prevent the vehicle from driving away from the way to the outside of the way, and to protect the safety of the vehicle, passengers and vehicles, pedestrians or roadsides, or the main facilities of the road; Ⅲ vehicle shall be installed in the protective fence installed on the street or centralized, bridge, etc. at the front of the fixed structure, and shall reduce or prevent any collision from driving across the way to the outside of the road in the direction of normal driving, at the same time, (as of January 3, 200).

B. Determination

(1) Defect in the construction or management of public structures, as defined in section 5(1) of the State Compensation Act,

public structures are not in the state of safety to be ordinarily secured for their intended use;

and, except that the public structures are not in a state of completeness, and any decision in its function;

only with the fact that there is a defect in the construction or management of public structures, and that there is no error in the construction or management of public structures;

In determining whether the above safety has been secured, the use and location of the public structure in question;

In comprehensive consideration of all the circumstances, such as the current status and current status of use of the public institution, the installer and manager of the public institution.

In proportion to the risk, the duty to take protective measures to the extent generally required by social norms was fulfilled.

criteria shall be based on whether or not the public structures are objectively and objectively in time and place.

in the event that there is no predictability and possibility of the occurrence of the loss due to the functional defect, that is, the Decree;

(1) In the circumstances where the manager or manager of a public structure could not engage in the management of the

If it is proved that it is likely that the defect in the construction and management of the public structure is not acceptable.

C. Supreme Court Decision 2003Da62026 Decided June 11, 2004; Supreme Court Decision 2000Da727 Decided July 27, 2001

56822 see, e.g., Supreme Court Decision 56822

(2) In the instant case, there is no dispute between the above recognized facts and the parties, and 2:

The following circumstances are recognized in full view of the respective descriptions of evidence 13 and the purport of the entire pleadings.

(1) The point of accident in this case is a short distance after entering a high-priced road, and the road is rapidly and rapidly.

An accident in this case is judged to be a section of a bend part, where the risk of the accident is high, and the actual accident in this case

In the case of this case at a higher level near the location of the accident and the structure of this case

accident has occurred.

2. At night, the point of the accident in this case is particularly visible (at night, the night does not interfere with other traffic.)

If the driver of a vehicle is not suitable for the vehicle to be seen from one point on the roadway.

Since it is a station, in accordance with the road safety guidelines, a double-face tight sign sign from the point before bended by a bend by rain.

A. The case is required to provide drivers with information on road conditions, even if the case is

Over the higher road, a retic sign indicating that it is a bend road on the upper side of the opposite lane.

On the other hand, in the case of the plaintiff A's proceeding, a retic sign sign indicating that he is a bend road.

did not have been established.

13 Since the high-priced road of this case is a road bended rapidly, a driver's attention shall be urged.

Traffic safety signs, lighting facilities, starting-up bars, and signs to prevent accidents by improving Si personality;

It is recognized that it is necessary to install safety facilities, such as a branch of a disease. However, at the time of the instant accident

(1) No sign-up is installed, and the starting-up bed and the starting-up bed from before the road is placed.

It is necessary for drivers to give prior notice of a dangerous section, but the road is at a bend.

r. It was installed in accordance with the central line.

(4) At the time of the instant accident, a protective fence installed on the street of the instant high-priced road is about a height.

After the accident of this case, the defendant added 40 cm to the above protective fence.

The height of the protection fence was high by installing the protection fence.

(5) On the street of the high-priced road of this case, a concrete structure protection fence is installed.

Ro. Structure on the road through paintings, broom signs, etc. on the outer wall of the structure pursuant to the road safety guidelines.

Notice of information that there is water, and the vehicle deviating from the main route is directly shocked with the protection fence.

to prevent damage and to reduce the level of injury, the shock absorption facilities must be installed.

In the case of the above protective fence, brooms and brooms are not marked, and shock absorption facilities are installed at the lower part.

Do not have been established.

(3) In full view of the above circumstances, the point at which the instant accident occurred is a sudden kib road and State.

Large accidents where a vehicle leaves a road as an elevated road installed in a zone higher than a change;

Since there is a high risk of occurrence, the installation of sufficient starting facilities and vehicle protection safety facilities;

It is the necessary place.

However, in the case of this case, signs of motteries, signs of brooms, coloring and brooms, shock absorption facilities, shock absorption facilities

The height of the protective fence, which was not installed and was not adequate, seems to have been insufficient.

Thus, the road of this case was objectively lacking the stability to be equipped with in commerce.

and in light of the circumstances, etc. of the occurrence of the accident, such defect is one cause of the occurrence of the accident of this case.

Since it is reasonable to see that the defendant was a party to the plaintiffs, the defendant is a party to the plaintiffs under Article 5 (1) of the State Compensation Act

shall be liable for damages suffered by such person.

C. Limitation on liability

However, the entry side of the instant high-priced road is marked with a sign informing that it is a bend road by rain.

The plaintiff A was at least at the time of the accident - as indicated on the entry register in high-priced entry into the entry register.

It seems that the driver was driving more than 40 km per hour and did not fully reduce the speed.

This is at night at the time of the occurrence of the instant accident, and thus, the Plaintiff A is also at a low speed and is on the front bank.

To ensure its own safety, such as making a thorough drinking, but not taking such a due diligence;

The plaintiff A's negligence also caused a substantial cause for the occurrence of the instant accident.

to consider the ideology, etc. of the damages system, which is the fair and reasonable allocation of damages, based on the guiding principle.

The scope of the defendant's liability is limited to 20% of the total amount of damages.

3. Scope of liability for damages

In addition to the following separate statements, it is listed in the separate sheet (in accordance with the ratio of 5/12 per month);

It shall be calculated as the present price at the time of the accident of this case in accordance with the Hofman Identification Calculation Act which deducts simple persons as simple ones.

However, the amount of less than KRW and less than the last month shall be discarded).

(a) Actual income: 357, 167, 632 won;

(1) Gender and age: 1986.*. Neither male nor female

(2) Name of lease: 43. 728

On November 16, 2009, when the accident occurred, the average life expectancy of male at the same age as at the time of the accident.

54.6 66 years (based on the life table of 2009) or 66 years, and the sub-pathy of this Court’s net cheon National University of Korea and its sub-pathy.

According to the result of the Plaintiff’s physical appraisal commission for the medical specialist C, due to the instant accident in the case of Plaintiff A

Since it is anticipated that a 20% scambling reduction is expected, the rental name is 43.728 (54.66 x 0.8).

(3) Operating period and operating days: 60 years of age from November 16, 2009, the date of the instant accident.

Before the 2046. *. * By the 22th of each month, 2046.

(4) Ratio of the loss of labour capacity

(A) From the date of the instant accident to January 14, 2011: 100% (the part, degree, and treatment of the injury)

Details and progress, duration of hospitalization, etc.

(B) From January 15, 201, to the end date of operation from January 15, 201, 2046*. *. : 86% overlapping disabilities of 80.86%

(1) A cerebral cerebriform Encephal typhism: Permanent disability of 56 percent.

(2) High-ranking lectures and cutting on the left-hand side, or high-ranking lectures on the left-hand side: Permanent disability of 56.5%;

(In principle, the defendant should combine the complex disability on the same bridge.

Since the combined final disability ratio does not exceed the cut disability ratio of the relevant bridge, in the case of Plaintiff A

13% of the disability due to the left-hand class of the higher-class class of the class and 45% of the disability due to the left-hand class of the class;

Korea 52. 15% of 15% of the labor capacity should be recognized, but high-water ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground ground.

Magnee knee knee knee knee gel, located at the edge of alley, connected with the bones, and Gele knee knee

It refers to this, which is the same as an impediment to the left-hand class of the plaintiff A and the left-hand side of the plaintiff A.

The defendant's above assertion is without merit, since it is difficult to conclude it as an obstacle to the part above.

(5) Monetary assessment of operating capacity: Wages of ordinary people engaged in urban daily work.

(A) 67,909 won per day from November 16, 2009 to December 31, 2009, the date of the instant accident

(B) 68,965 won per day from January 1, 2010 to August 31, 2010.

(C) 70, 497 won per day from September 1, 2010 to December 31, 2010.

(D) KRW 72,415 per day from January 1, 201 to August 31, 2011.

(E) KRW 74,008 per day from September 1, 201 to December 31, 2011

(f) KRW 75,608 per day from January 1, 2012 to August 31, 2012

(g) 80,732 won per day from September 1, 2012 to December 31, 2012

(h) 81,443 won per day from January 1, 2013 to August 31, 2013.

(i) 83,975 won per day from September 1, 2013 to December 31, 2013

(j) 84, 166 won per day after January 1, 2014

(6) Calculation: 357, 167, 632

[Ground of recognition] Unsatisfy, Gap evidence 1, and new university-affiliated hospital of this court

This Act, as a result of each physical appraisal commission with respect to medical specialists C, medical specialists of the same hospital, and medical specialists D,

and the purport of the whole of the pleading;

(b) aggressive damages;

(1) Written treatment costs

In full view of Gap evidence 8 to 10 evidence and the purport of the whole pleadings, plaintiff A shall have the effect of November 2009.

16. It is recognized that from January 14, 201, up to January 14, 201, 33,843, and 290 won were spent for the treatment costs for the first time.

On the other hand, the victim who received insurance benefits for the pre-treatment expenses under the National Health Insurance Act.

In the event of a claim for damages against a person for the expenses of treatment, the victim's damages.

When negligence is concurrent, it shall be done first in consideration of the limitation of liability, such as comparative negligence, from the king treatment expenses.

to the extent that the amount of damages relating to the medical expenses is calculated, the insurance benefits shall be deducted.

Court Decision 2002Da50149 delivered on December 26, 2002, see Supreme Court Decision 2002Da50149 delivered on December 26, 200. However, according to each of the above evidence,

Insurance benefits of Plaintiff A borne by the Health Insurance Corporation are recognized as consisting of the total amount of 65,277,940:

The defendant's liability ratio in total amount of 99, 121, 230 won (33, 843, 290 won + 65, 277, 940 won)

20 19, 824, 246 Won (99, 121, 230 x 20 %) A’s damage in respect of the treatment costs of the Plaintiff A.

The amount of damages paid by the National Health Insurance Corporation, 19, 824, 246 won

Since 65,277,940 won is less than 65,277,940 won, the amount of damages for the medical expenses under the legal principles as seen earlier.

In all cases, the plaintiff A cannot claim damages against the defendant for the king treatment expenses.

C. (See Supreme Court Decision 2009Da61612, 2009Da61629 (Joint) Decided June 24, 2010)

(2) future treatment costs and auxiliary aids costs: 26,045, 310 won

On December 24, 2013, the day following the closing date of the argument in this case, Plaintiff A’s future treatment costs as follows:

The first expenditure shall be calculated at the present price at the time of the accident.

(A) Pharmacologic treatment expenses: 1, 553,00 won per annum (60,000 won per annum (15,000 won per annum x 4 times) ＋ outer

Future Regular Blood Testing and urine Testing Expenses 70,000 won (35,000 won x 2 times)

+ 328,500 won per annum (900 won x 365 times) + cerebral blood improvement system

Expenses 1, 095, 000 won (3,000 won x 365 times)) and 10 years in the future

(B) Mental treatment costs: 3, 120,00 won per annum (60,000 won x 52 weeks) and for the next five years.

(C) Assistants expenses: 9,00,000, 000 won, one time for assisting devices for cutting on the left-hand side

(D) Calculation: Total 30,447,069 won A sought by the plaintiff 26,045, 310 won 1)

【Ground of Recognition】 D. D. Medical specialist in Macheon National University affiliated with the University of the Republic of Korea (U.S.)

As a result of the request for each physical appraisal of D with respect to the original sentence and the medical specialist, the purport of the entire pleadings

(3) Hasking expenses and future nursing expenses

(A) Hasking expenses: 24,000,000 won

According to the Gap evidence No. 11, the plaintiff A was in the middle patient room of the plaintiff A, 2010. 1.

15. From January 14, 201 to January 14, 201, X provides the Plaintiff A with a total of KRW 24,00,000 from Plaintiff B.

Recognizing the fact that the plaintiff was paid, this does not exceed 70,000 won a day, which is the condition of the plaintiff A.

In light of the above, it is judged that it constitutes a considerable opening expense, and it is considered as a opening expense.

(b) Future nursing expenses: 149, 887, 120 won

(1) Necessity and degree of opening.

Each physical part of this Court with respect to Mancheon National University of the Republic of Korea (KGE) A ADDDD medical specialists

In full view of the results of the commission and the purport of the entire pleadings, Plaintiff A has a lack of ability to exercise their own land on both sides.

In order to engage in basic daily activities due to low pedestrian disability, decrease in recognition ability, one adult male and female person;

It seems that the opening of 6 hours a day is necessary.

(2) Calculation

From January 15, 2011, the period after the time when king was paid, 2053, the expiration date of the above term of lease.

7. up to December 28, 455, 863, 184 won, calculated on the basis of an outline of six hours a day by an adult person;

Plaintiff A 149, 887, 120 won claimed by Plaintiff A

C. Limitation on liability

11, 420, 012 won [ = (357, 167, 632 won + 26, 045, 310 won + 24, 000, 000 won + 149, 887, 120 won]

x 20%, and those below the source shall be abandoned)

(d) Condolence money;

(1) Reasons for consideration: The plaintiffs' age, family relationship, circumstances and results of the accident of this case, the defendant

Various circumstances shown in the argument of this case, such as the scope of liability

(2) The amount determined.

(A) Plaintiff A: 10,000,000 won

(B) Plaintiff B: 5,000,000 won

E. Sub-committee

Therefore, the Defendant (property) KRW 121, 420, 012 for the Plaintiff as damages for the instant accident (property)

The amount of damages 111, 420, 012 + solatium 10, 00, 000), Plaintiff B 5,000, 000, and each of them, respectively.

On November 16, 2009, the date of the occurrence of the instant accident, the existence and scope of the Defendant’s duty to perform from November 16, 209

not later than January 23, 2014, which is deemed reasonable to dispute over B, as of the date of pronouncement of the judgment of this case.

Special Cases concerning 5% per annum prescribed in the Civil Act, and 5% from the next day to the day of full payment, etc.

Every 20% (20%) per annum as set forth in the subsection shall be liable to pay damages for delay.

4. Conclusion

Thus, each claim of the plaintiffs is justified within the above scope of recognition, thereby admitting it.

(s) Each claim is dismissed on the ground that it is without merit.

Judges Kim Sung-sung

Judges Lee Jin-hee

Judges Kang Han-chul

1) Plaintiff A sought a total of KRW 26,045, and KRW 310 for pharmacologic treatment expenses, KRW 11,010, KRW 925, KRW 6,034, KRW 385, KRW 9,00, KRW 00, KRW 26,045, and KRW 310 for mental and treatment expenses.

(c)