2010 Ghana 79721 Compensation (as referred to)

1. AA (76 years old, souther);

2. GreenCC (7 years old, female);

[Defendant-Appellant]

원고들 소송대리인 법무법인 ♥♥

담당변호사 공♦♦

1. Maximumy;

2. HeCC (56 years old, female);

3 . 최상☆ ( 80년생 , 여 )

Defendants’ Address Young-si

피고들 소송대리인 변호사 양ㅎㅎ

July 6, 2011

August 10, 201

1. The Defendants jointly and severally pay to the Plaintiff A, the amount of KRW 4, 818, 323, and the amount of KRW 500,00, and the amount of KRW 00, and each of the said amounts, to the Plaintiff A, 5% per annum from March 11, 2010 to August 10, 201, and 20% per annum from the next day to the date of full payment.

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

3. Of the litigation costs, 80% is borne by the Plaintiffs, and the remainder 20% is borne by the Defendants, respectively.

4. Paragraph 1 can be provisionally executed.

The Defendants jointly and severally pay to Plaintiff A 27, 596, 970 won, and 5,000 won to Plaintiff A 5,000, and 000 won, respectively, and 5% per annum from March 11, 2010 to the service date of a copy of the instant complaint, and 20% per annum from the following day to the day of full payment.

1. Occurrence of liability for damages;

A. Facts of recognition

The Defendants resided in a detached house with a O-gu O-gu Mail-si, and jointly raise a fat dog. The Plaintiff’s farb, a farcian, went to the Defendant’s house to deliver farb around 00:3:00. The Defendant Largu opened the gate, and Plaintiff farb Plaintiff fard Plaintiff fard Plaintiff farcing the farb from the ma to the present farb, and Defendant farcing the farc. Defendant farc. Defendant farced Plaintiff farced Plaintiff farc. Defendant farcing Plaintiff farc. Plaintiff farcing Plaintiff farc with the front farc, and asked Plaintiff farc. Plaintiff farc with the front farc of the right part. Plaintiff farced Plaintiff farced farc, with the front farc in farc.

The spouse of the Plaintiff is the spouse of the Plaintiff.

[Ground of recognition] The facts without dispute, entry of Gap 1 to 3 evidence, the purport of the whole pleadings.

B. The defendants' liability for damages

The Defendants, as the possessor, should take adequate measures to prevent the attack against others, but neglected to do so, thereby causing the Plaintiff’s injury, and thus, the Defendants are jointly and severally liable to compensate the Plaintiffs for the damages under Article 759 of the Civil Act.

2. Scope of liability for damages

[Grounds for recognition] The descriptions of Gap evidence Nos. 3, 4, and 20, and the purport of the whole pleadings.

(a) Medical expenses;

On March 13, 2010, the Plaintiff was hospitalized in Pyeongtaek-si Odong, and was discharged on April 3, 2010, and was discharged on April 3, 201, and paid KRW 2,596,970 for hospital treatment expenses.

(b) passive damages;

1) The plaintiffs' assertion

The plaintiffs asserted that the monthly average income of the plaintiff YA was KRW 4,142,917, and that the monthly average income of the plaintiff YA would be KRW 3,104,672 when deducting vehicle fuel expenses, each type of repair expenses, inspection expenses, taxes, insurance premiums, depreciation costs, etc.

2) Determination

Even according to the statement in Gap evidence No. 18 (including numbers) submitted by the plaintiffs, it is difficult to calculate the monthly average income with only the monthly income of plaintiff 18 for six months high, and there is no objective standard for calculating vehicle fuel expenses, various repair expenses, inspection expenses, taxes, insurance premiums, depreciation costs, etc. to be deducted. Thus, the plaintiffs' alleged data cannot be used as the basis for calculating the daily income of plaintiff 10,550,934 won (70, 497 won X22) based on the annual wage investigation report of construction business in the latter part of the half of 2010, as it is recognized as the passive damage of plaintiff 10,934 won (70, 497 won) as the negative damage of plaintiff 1.

(c) Set-off of negligence;

In light of the fact that the Plaintiff is the Plaintiff’s house and the Defendants’ house entered the Defendants’ house with knowledge that it is dangerous, the Plaintiff’s negligence is recognized as 20%.

(d) Condolence money;

In full view of the plaintiffs' age occupation, the part and degree of the plaintiffs' injury, the background of the injury suffered, the process of the injury, and other circumstances shown in the arguments in this case, the plaintiffs' 1.5 million won and 500,000 won for the plaintiff's jury are recognized as consolation money.

3. Conclusion

Therefore, the Defendants jointly and severally have a duty to pay to the Plaintiff YY 4, 818, 323 won (2, 596, 970 won + 1,550, 934 won) X 0.8 + 1,500,000 won, and less than KRW 500,000 to the Plaintiff Y Y Y, respectively, and the Defendants are jointly and severally liable to pay damages for delay calculated at a rate of 20% per annum under the Civil Act from March 11, 2010 to August 10, 2011, which is the date this judgment was rendered, until the date of complete payment, to the Plaintiff Y Y Y, and the damages for delay calculated at a rate of 10% per annum under the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings, etc. from the next day to the date of full payment. Accordingly, the Plaintiffs’ claims against the Defendants are without merit, with the remainder of the claims accepted.

Judges Clerks