Cases where the physical appraisal results have not been accepted that part of the labor ability has been reduced by one percent;

According to the result of the physical appraisal of the doctor “A” of the court below, the plaintiff “B” has lost the ability to work due to the impossibility of flaging the flag, and the degree of such loss is stated in medical records such as the Medical Association of Korea, etc. as the reduction of 1% of the ability to work, but it is difficult to recognize the reduction of 1% of the ability to work in light of the empirical rule.

Article 750 of the Civil Act

Supreme Court Decision 76Da17 delivered on December 14, 1976 (Article 750(243) 540 of the Civil Act, No. 552 of the Court Gazette, No. 9813 delivered on December 14, 197);

Plaintiff 1 and two others

Co., Ltd.

Busan District Court (80 Gohap306)

(1) The part against Plaintiff 1 in the original judgment is modified as follows.

(2) The defendant shall pay to the plaintiff 1 the amount of KRW 1,464,00 and the amount at the rate of five percent per annum from September 17, 1979 to the date of full payment.

(3) Plaintiff 1’s remaining claims are dismissed.

(4) All appeals filed by plaintiffs 2 and 3 and appeals filed by the defendant against the above plaintiffs are dismissed.

(5) The total cost of the lawsuit between the plaintiff 1 and the defendant shall be five minutes, and the remainder shall be borne by the defendant, and the appeal cost of the plaintiff 2 and 3 and the appeal cost against the above plaintiffs shall be borne by the plaintiff 2 and 3 respectively.

(6) A provisional execution may be effected on the portion exceeding the cited amount in the original judgment under paragraph (2) above.

The part against the plaintiffs in the original judgment shall be revoked.

The defendant shall pay to the plaintiff 1 11,854,00 won with the amount of 11,854,000 won and the amount of 1,00,000 won with the rate of 5% per annum from September 17, 1979 to the full payment date.

The costs of lawsuit shall be assessed against the defendant in both the first and second instances, and a declaration of provisional execution.

The original judgment shall be revoked.

The plaintiffs' claims are dismissed.

All the costs of lawsuit shall be borne by the plaintiffs in the first and second instances.

1. Occurrence of liability for damages;

On September 17, 1979, the non-party 1 operated the city bus (vehicle number omitted) which is owned by the defendant and operated on September 10, 1979: around 20, the non-party 1 suffered from the injury of the plaintiff 1, who was trying to cross the road on a road of about 6 meters in front of the New-Jinwon, Seo-gu, Busan, Seo-gu, about 17, 17, such as the 12-do Gabbs, Gabs, etc. in front of the new-Jinwon, and the plaintiff 2, his father, and his mother do not dispute between the parties, and the defendant is responsible for compensating the above plaintiffs for all damages caused by the operation in this case without special circumstances. Meanwhile, according to the result of the criminal record verification by the court below, since the occurrence of the accident in this case, the plaintiff 1, who is seven years old and older, was negligent in failing to perform his duty of care and custody, it can be considered.

In the occurrence of the accident of this case, the defendant defense that the plaintiff 1 should consider in calculating the amount of compensation as well as the fact that the plaintiff 1's negligence was concurrent in order to cross the road after the bus in the number not opened to the above bus. However, other than the result of the examination of the above criminal record (the interrogation of the non-party 1) is not evidence to acknowledge it.

2. Scope of damages.

(a) Property damage;

(1) If Gap evidence Nos. 4-1 and 2 (each simplified tax invoice) without dispute over its establishment collected the results of physical appraisal and the whole purport of the oral argument of the trial appraiser Nos. 4-1 and 2 (each simple tax invoice), the plaintiff 1 shall pay 30,000 won to the plaintiff 10 in Busan Chungcheong Dong-dong and 30,000 won, and 10,000 won to the plaintiff 4 in Busan Chungcheong Dong-dong 15 in order to remove the reflect of the anti-posts such as the left side of the accident, the left side of the accident, and the other right side of the accident, and non-party 2's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 3's non-party 3's non-party 1's non-party 1's non-party 3's non-party 3's evidence.

(2) The plaintiff 1 sought payment of KRW 8,564,00 on the basis of the fact that the injury caused by the accident in this case caused by the injury to an agricultural community even after the completion of the medical treatment would have lost 40% of the labor ability in the rural community. As such, the plaintiff 1 sought payment of KRW 8,564,00 on the labor wage in the rural community to be lost for 24 to 55 years from the age of 55. Thus, it is insufficient to acknowledge that the above plaintiff 3's appraisal result alone would lose 40% of the labor ability in the rural community after the completion of the medical treatment. However, according to the above appraisal result, it is difficult to find that the above plaintiff lost the labor ability due to the impossibility of the so-called 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's '.

(3) Therefore, the property damage suffered by the Plaintiff 1 caused by the instant accident is the sum of KRW 1,630,000,000, including the medical certificate for the recognition and the future medical expenses. However, considering the negligence of the Plaintiff as seen earlier, the Defendant is reasonable to compensate for said KRW 1,304,00 (1,630,000 x 80/100) among them.

(b) consolation money;

Since it is not difficult to see that the injury of the plaintiff 1 caused by the accident of this case not only the above plaintiff 1 but also the remaining plaintiffs whose parents suffered a lot of mental pain, the defendant is obligated to do so. Therefore, considering all circumstances such as the circumstance of the accident of this case, the status of the plaintiffs, their status status, age, and the existence of a trace after the completion of the above injury recognized by the non-party 2 as a result of the above appraisal by the non-party 2, it is reasonable to see that the amount of consolation money, which is 1,00,000 won for the plaintiff 1, and 200,000 won for each of the remaining plaintiffs.

On the other hand, the plaintiff 1 voluntarily paid 840,000 won of consolation money of the above recognition as KRW 1,00,000,000 to the plaintiff 1. Thus, the amount of consolation money to be paid to the above plaintiff is 160,000 won.

3. Conclusion

Thus, the defendant is obligated to pay to the plaintiff 1 the amount of 1,464,00 won (1,304,000 won +160,000 won) and to the remaining plaintiffs each amount of 200,000 won and damages for delay in payment of the Civil Code at the rate of 5% per annum from September 17, 1979 to the date of full payment of each of the above amounts. Thus, the plaintiff's claim for this case is justified within the scope of the above recognition, and the remainder is dismissed.

Therefore, since part of the original judgment against Plaintiff 1 in its original judgment is deemed to be unfair by its partial conclusion, it is revised, and the remaining part against the plaintiffs is deemed to be justifiable as it is so decided, all of the appeals by the above plaintiffs and the defendant are dismissed. As to the bearing of the costs of lawsuit, Article 96, 95, 89, 92, and 93 of the Civil Procedure Act shall be applied to the declaration of provisional execution, and it is so decided as per Disposition by the application of Article 199 of the same Act.

Judges fixed ticket (Presiding Judge) Mobile Engines