2019 grouped 118933 damages (ar)

1. A;

2. B

C Stock Company

October 14, 2020

November 4, 2020

1. The defendant shall pay to each of the plaintiffs 253,720,667 won with 5% interest per annum from September 11, 2019 to November 4, 2020, and 12% interest per annum from the next day to the day of full payment.

2. The plaintiffs' remaining claims are dismissed.

3. Of the costs of lawsuit, 1/5 are assessed against the Plaintiffs, and the remainder are assessed against the Defendant.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiffs 352,291,046 won and each of the above amounts with 5% interest per annum from August 20, 2019 to the service date of a copy of the complaint of this case, and 12% interest per annum from the day following the service date of a copy of the complaint of this case to the full payment date.

1. Basic facts

A. Plaintiff A and Plaintiff B are the parents of the network D (hereinafter referred to as “the network”), and the Defendant is the insurer who entered into a comprehensive motor vehicle insurance contract with Nonparty E and Frocco with respect to a passenger car (hereinafter “Defendant”).

B. At around 17:25 on September 11, 2019, E, while driving a road in the speed of approximately 23.6 km in the front of the GGG in Busan City, Asan City, at a speed of about 17:25 meters, due to the negligence of not properly ascertaining that there is a pedestrian in a children protection zone and a crosswalk without signal, etc., the part of the driver’s seat crossing the crosswalk from the left side to the right side of the crosswalk and Nonparty H was shocked (hereinafter referred to as “instant accident”). The Deceased died on September 11, 2019.

D. On April 27, 2020 with respect to the instant accident, E was sentenced to imprisonment without prison labor for two years for the instant crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Death) and violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) by the Daejeon District Court Branch of the Daejeon District Court on April 27, 2020, and both prosecutors and E appealed, but all appeals were dismissed on August 13, 2020 by the Daejeon District Court 20201321, which became final and conclusive on August 21, 2020. The instant judgment became final and conclusive on August 21, 2020.

2. Judgment on the plaintiff's claim

A. Determination on the cause of the claim

According to the above facts of recognition, since the deceased died due to the operation of the defendant vehicle, the defendant is liable to compensate the deceased and the plaintiffs for the damages caused by the accident in this case as the insurer.

B. Limitation on liability

1) The defendant's assertion

The instant accident occurred between the deceased, who left 7 years of age and 9 months, who was stopped on the opposite lane, and the Defendant’s responsibility should be limited to within 80%.

2) Determination

The following circumstances revealed by the purport of subparagraph 1-14 and 45 of the evidence No. 1-2, namely, ① the speed of the Defendant’s vehicle at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the vehicle at K3, and the vehicle immediately after the accident at the time was waiting at the crosswalk, and thereafter the vehicle was in the presence at the crosswalk at the crosswalk at the crosswalk, and the Deceased was in the presence of the vehicle at the later time. (3) It appears that the Deceased was difficult for the Deceased to find the Deceased who entered the road by the vehicle at the time of the above stopping the vehicle at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident. (4) It is limited to the Defendant’s liability for damages.

In addition to the following separate statements, each item of the attached table for calculating the amount of damages shall be the same as each item of the attached table for calculating the amount of damages, and the period for calculating the amount for convenience shall be calculated on a monthly basis in principle, but less than the last month and less than won shall be discarded. The current value calculation at the time of the accident shall be governed by the simple interest rate which deducts the interim interest calculated at the rate of 5/12 per month (the defendant's claim for the

1) The deceased’s lost income

(a) Personal data: male, biological, and 7 years old and 9 months old and 24 days old at the time of the accident;

B) The criteria for calculating income and the operating period: The deceased remains remaining after reaching 7 years of age and 9 months at the time of the instant accident. It is deemed that he/she could have obtained income equivalent to the daily wage of an ordinary worker in an urban area at least (22 days per month) from May 18, 2032 to November 17, 2076, which is the day following the date on which he/she became an adult and completed the duty of military service in 18 months (18 months).

(C) Deduction for living expenses: 1/3 of the deceased’s income.

【Reasons for Recognition】 The descriptions of Evidence Nos. 1 and 2, and the purport of the whole pleadings

D) Determination on the military service period

The plaintiffs asserted that the actual income of an amount equivalent to the urban daily wage takes place even during the period of military service, but the evidence submitted by the plaintiff alone cannot be recognized as the actual income equivalent to the urban daily wage. Thus, it shall be included only in the pay of military personnel during the pertinent period of military service, and the cost of living during the period of military service

Meanwhile, there is no dispute between the parties as to the facts that the monthly salary of a soldier during the period of military service was 469,725, and thus, it seems that the deceased was able to obtain income equivalent to KRW 469,725 per month from November 18, 2030 to May 17, 2032, when he completed his duty of military service for 18 months from the date on which he begins as an adult.

(e)Calculation of lost earnings;

A person shall be appointed.

Total: 425,490,373 won

2) Funeral expenses: 5,00,000 won (per capita share of the plaintiffs)

3) Limitation on liability: 90%

4) Consolation money: The deceased's consolation money shall be KRW 233,417,149, and the plaintiffs' above materials shall be KRW 10,000,000,000,000 according to the "final proposal about the reasonable method of calculating consolation money according to the type of tort". However, in this case, consolation money may be increased in consideration of specific circumstances. In this case, it shall be determined as above in consideration of the deceased's age, the background and result of the accident, and all other circumstances shown in the arguments.

4) Inheritance relationship: The Plaintiffs inherited the deceased’s lost income and consolation money each by 1/2 shares.

(d) The amount of final damages caused by inheritance;

1) Plaintiff A: [253,720,667 won = 193,720,667 won (actual income of the deceased + funeral expenses of KRW 425,490,373 + funeral expenses of KRW 5,000,00) 9/10 X inheritance shares of KRW 1/2 (hereinafter the same shall apply) of the deceased + (100,000,000 X inheritance shares of KRW 10,000 + 10,000,000 won of the deceased + 2] Plaintiff B: 253,720,667 won [10,00 won of consolation money of KRW 10,00 of the deceased + [425,490,373 won of the deceased + funeral expenses of KRW 5,00,000 + 00,000 of the deceased + 10,000 of the deceased’s inheritance shares]

E. Sub-committee

Therefore, the defendant is obligated to pay to the plaintiffs 253,720,667 won as well as damages for delay at the rate of 5% per annum as stipulated in the Civil Act from September 11, 2019, which is the date of the accident in this case, to November 4, 2020, which is appropriate to dispute about the existence or scope of the defendant's obligation to pay to the plaintiffs, and 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment (the plaintiffs seek damages for delay from August 20, 2019, but they seek damages for delay from September 11, 2019, which is the date of the accident in this case, and thus, they recognize damages for delay from September 11, 2019, and accept the previous claims for damages for delay).

3. Conclusion

Therefore, the plaintiffs' claims are accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

Judges Lee Jong-young

1) Article 18(2)1 of the Military Service Act provides that the period of active service for the Army shall be two years. However, pursuant to Article 19(1)3 of the same Act, the Minister of National Defense may shorten the period of active service for up to six months. However, pursuant to Article 19(1)3 of the same Act, the period of active service for persons enlisted in the Army on June 16, 2020 pursuant to the National Defense 2.0> announced by the Ministry of National Defense on July 16, 201

Although the Plaintiff asserted the period of military service on the basis of 22 months of the Air Force, as long as the Plaintiff sought the payment of the entire urban daily wage even during the period of military service, the period of operation shall be calculated on the basis of the ordinary period of military service.