2015da22288 ( principal lawsuit) Compensation for damages (i.e., one)

2016 Ghana 241408 (Counterclaim) Damage (i.e., Person)

1. A;

Since it is a minor, the legal representative B, mother C

2. B

3. C

Plaintiff (Counterclaim Defendant) Attorney Satuma-si, Counsel for the plaintiff-Counterclaim defendant-appellant)

1. D

Since it is a minor, the legal representative E, mother F

2. E:

3. F;

Defendant (Counterclaim Plaintiff) (Law Firm Lee & Lee, Attorneys Lee Dong-il et al., Counsel for the plaintiff-appellant)

Attorney Seo-young

October 4, 2016

November 1, 2016

1. The defendant (Counterclaim plaintiff) jointly pays to the plaintiff (Counterclaim defendant) 14, 430, 110 won, 1, 00 won, 1, 00 won to the plaintiff (Counterclaim defendant) B, 1,50 won, and 1,500 won to the plaintiff (Counterclaim defendant) C, and 5% per annum from November 11, 2014 to November 1, 2016, and 15% per annum from the next day to the day of full payment.

2. Each of the claims by the Plaintiff (Counterclaim Defendant) and the counterclaim by the Defendant (Counterclaim Plaintiff) are all filed.

3. The costs of the lawsuit are assessed against the Plaintiff (Counterclaim Defendant) and the remainder are assessed against the Defendant (Counterclaim Plaintiff) respectively, by aggregating the principal lawsuit and the counterclaim.

4. Paragraph 1 can be provisionally executed.

1. Main elements;

Defendant (Counterclaim Plaintiff) (hereinafter “Defendant”) jointly and severally paid to Plaintiff (Counterclaim Defendant) (hereinafter “Plaintiff”) KRW 37,092,094, KRW 300,000 to Plaintiff B, KRW 3,000, KRW 300,000 to Plaintiff C, and KRW 3,000 to Plaintiff C, and KRW 3,00,00 to each of the above amounts from November 11, 2014 to the delivery date of a duplicate of the instant claim and the grounds for the alteration, and KRW 5% per annum from the next day to the date of full payment.

2. Counterclaim;

The plaintiffs jointly and severally pay to Defendant D 4, 401, 360 won, 3,00 won to Defendant E, 3,000 won to Defendant F, 3,000,000 won to Defendant F, and 5% per annum from November 11, 2014 to the service date of the duplicate of the instant counterclaim, and 15% per annum from the next day to the day of full payment.

1. Basic facts

A. Plaintiff B is the father of Plaintiff A (born on June 15, 200, and male) and Plaintiff C is the mother of Plaintiff C, and Plaintiff A is the mother of Plaintiff A, and Plaintiff A is a student who was enrolled in the second grade of G middle school at 2014.

B. Defendant E is the father of Defendant D (the birth of August 1, 200, the male) and Defendant F is the mother of Defendant D, and Defendant D is the student who was enrolled in the second grade of G middle school at 2014.

C. On November 11, 2014: around 00, there was an accident in which a bicycle on which Defendant D was aboard and a plaintiff A met from the latter part of the Seo-gu, Incheon Metropolitan City G G 306-25 - the latter part of the 25 Ga-dong elementary school (hereinafter “instant accident”).

D. On the day of the instant accident, the Plaintiff A received medical treatment and treatment at the Maritime dental clinic located in the Seo-gu Incheon Metropolitan City, 33-9, and 2th, Seo-gu, Incheon, and the doctor of the said hospital conducted a diagnosis to the Plaintiff A for about four (4) weeks after the occurrence of an injury to the upper right-hand part, the left-hand part, and the left-hand part.

E. Defendant D received juvenile protective disposition (No. 1 wife) from the Incheon District Court on August 26, 2015 due to the instant accident ( Incheon District Court 2015No. 698).

[Ground of Recognition: Facts without dispute, Gap evidence 1 to 6, evidence 15, Eul evidence 3 (each number);

or video of each description or image of the host number in the case of a defense certificate, the Incheon of this Court

Results of commissioning the delivery of documents to the family court, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. Summary of the plaintiffs' assertion

The instant accident occurred by shocking the Plaintiff A, who was walking the bicycle at a rapid speed of Defendant D, on the ground that he was getting on and getting on and off the bicycle, due to neglecting his duty at all times, and caused the shock by the said bicycle. Due to the instant accident, the Plaintiff, the victim of the instant accident, caused a serious injury, i.e., saving the upper right side, saving the left-hand side, and cutting off the left-hand side. Accordingly, Defendant E, Defendant E, and Defendant F, the parents of Defendant D and Defendant D, are jointly and severally liable to pay the damages as stated in the purport of the claim to each individual individual Plaintiffs.

B. Summary of the defendants' assertion

The instant accident occurred from the bicycle of Defendant D, which had been operated in full, due to the Plaintiff Company A’s own marmarity. The instant accident was caused by the Defendant Company A’s bicycle going beyond the Defendant Company A’s own mar. Accordingly, Defendant D suffered injury, such as the left-hand section and the water mar, the right-hand mar, etc., and thus, Plaintiff B and Plaintiff C, their parents, are jointly and severally obligated to pay the amount of money stated in the claim for the counterclaim to each individual Defendants.

3. Determination

The main lawsuit and counterclaim shall be examined in a lump sum.

A. Grounds attributable to the occurrence of the instant accident

1) The Plaintiffs asserted that the instant accident occurred due to Defendant D’s negligence, while the Defendants asserted that the instant accident occurred due to Plaintiff A’s negligence, and thus, they first examine the causes attributable to the instant accident.

2) The following circumstances are acknowledged considering Gap evidence 5, Eul evidence 14 (including Serial number evidence), Eul evidence 4-1, Eul evidence 4-1, and the whole purport of the arguments as a result of the commission of the Incheon Family Court to send documents to the Incheon Family Court. ① The place where the accident in this case occurred is used as the entrance of neighboring school students, and the length of the second line and delivery, or the entrance of the road, are set off as the original structure so that many students can not enter the vehicle at the entrance of the road, and it is a place where they pass through the roadway as well as the roadway. ② The defendants' assertion that many students passed the place where the accident in this case occurred, and it is reasonable to see that the bicycle in this case was left at the speed of "A," and that it was not reasonable to see that the defendant's assertion that the bicycle in this case was left at the right time after the accident in this case."

B. The Defendants’ liability to compensate for damages arises

1) As seen earlier, the instant accident occurred by Defendant D’s negligence. As such, Defendant D, as a tort, has a duty to compensate the Plaintiffs for the damages caused by the instant accident.

2) In the event of damages caused by a minor’s illegal act with the ability to assume responsibility, if there is a proximate causal relation with the minor’s breach of the duty by the supervisor, the supervisor is also obligated to compensate for the damages suffered by the plaintiff in collaboration with Defendant E and Defendant F as a minor student at the time of the accident in this case, taking into account the following circumstances, which can be recognized by the aforementioned evidence: ① Defendant D was dependent on the mental and economic aspects of the above Defendants as a minor student at the time of the accident in this case; ② Defendant E and Defendant F, as the guardian of Defendant D, were negligent in failing to comply with the duty of supervision and education to ensure the safe driving of the bicycle when he drives the bicycle; and ② Defendant E and F, as the guardian of Defendant D, are liable to compensate for the damages suffered by the plaintiff in collaboration with Defendant D due to the accident in this case.

(c) Damages;

In calculating the amount of damages, the reduced university of this court other than the evidence submitted by the plaintiff

The results of the physical examination of the school hospital and the fact-finding inquiry, resolution, and (Supplementary Evaluation) of the reduced university hospital of this court shall be based on the same item as the corresponding item of the damages calculation table except as stated below, and the period for the convenience of calculation shall be calculated on a monthly basis in principle, but the last month and less than 10 won shall be discarded on a monthly basis. The current price calculation at the time of the accident shall be based on the simple interest rate which deducts the intermediate interest calculated at the rate of 5/12 per month. Moreover, it shall be rejected that the parties’ arguments do not separately state.

1) Plaintiff A’s lost income

(A) the basis;

A person shall be appointed.

B) Occupation and income: Income equivalent to the daily wage of urban ordinary person, starting with the 21st detailed base that ends the performance of the military service, as it is a minor at the time of the instant accident, and ending with the 22th day of each month until the age of 60

C) The latter disability and labor ability loss rate: According to the result of the court’s physical appraisal commission with respect to the hospital hospital hospital hospital hospital hospital hospital hospital hospital, it can be acknowledged that the appraiser responded to the purport that “if the appraiser is recovered as a relic, there is no post-treatment or expected physical disability.” As examined below, the Plaintiff’s claim for damages equivalent to the lost income of the Plaintiff A is rejected.

2) Plaintiff A’s treatment expenses

If Gap’s evidence Nos. 11 and 12 (including Serials) provides the whole purport of the pleadings, it can be acknowledged that the plaintiff A paid the sum of KRW 1,806,760 for the injury caused by the instant accident.

3) The Plaintiff A’s future treatment costs

A) The future medical expenses for bad faiths: Gap evidence No. 11-8; the results of the physical examination of the reduced university hospital of this court; and the results of the fact-finding inquiry into the hospital of this court (the result of supplementary examination) on January 6, 2015; however, on January 6, 2015, the medical examination of the plaintiff A was conducted for bad faiths; however, the medical examination is ordinarily conducted for five to seven years, and approximately 120,000 won for one medical examination; the replacement cycle of the plaintiff is seven years; the plaintiff sought compensation for the damages. Accordingly, if the medical examination costs are converted into the present price at the time of the accident, the medical examination costs are converted into the present price as shown below.

The number of months of the necessary number of months;

1 2022 - 16 85 0, 7384

2 2029 - 16 1690 5867

3 2036 Above 16 2530 October 4868

4 2043 - 16 337 0. 4159

5 2050 - 16 4210 October 3630

6 2057 - 16 505 0 3221

7 2064 - 16 589 0. 2895

8 2071 - 16 673 0. 2628

9 2078 - 16 757 0 2407

B) The future medical expenses for bad faith in the future: In full view of the result of the court's commission of physical examination to the hospital at the reduced university and the result of the fact-finding inquiry to the hospital at the reduced university of this court (the result of complementary evaluation), the fact that the plaintiff A requires the delivery of the scrap metal to the bad faith in the time of its growth; for this purpose, the cost of the scambling in the amount of KRW 313,00 and KRW 488,00 and KRW 801,00,000, and KRW 10 years, and the number of the said supplementary metal products is about 10 years, it can be recognized that the growth of the age of 19,000 that the plaintiff A becomes the majority, and the fact-finding in the calculation of the present price at the time shall be 2,419,660 won as shown below.

A person shall be appointed.

The number of months of the necessary number of months;

1 2019 6 - 15 55 0, 8135

2 2029 6 to 15 175 0 5783

3 2039 - 6 - 15 295 October 4485

4 20496 to 15 415 0 3664

5 2059 - 15 535 0 3096

6 2069 615 655 0 2681

7 2079 Above 15 7750 October 2364

C) Medical treatment costs for bad faith : (a) comprehensively taking account of the results of the physical examination of the lower university hospital in this court and the results of the fact-finding inquiry conducted to the lower university hospital in this court (the result of supplementary examination), the Plaintiff’s growth and completion of the trial conducted the need of the removal of the removal of the removal of the removal of the removal of the removal of the removal of the removal of the removal of the removal of the repair of the bad faith ; (b) the cost of the said repair of the removal of the removal of the removal of the removal of the removal of the removal of the removal of the repair 313; and (c) the cost of the removal of the removal of the removal of the removal of the repair 100 won and the metal removal of the removal 488,000 won in total for the uniforms of the removal of the repair 10 years in total; and (d) the fact that the number of the said repair 10 years in total is about 19,000 won in total; and (d) the fact that the number of the said removal was 258 years in effect as at the present.

A person shall be appointed.

The number of months of the necessary number of months;

Above 2019 up to 15 up to 55 0 up to 8135

2029 - 6 - 15 175 0, 5783

AwN 20396 - 15 295 0 4485

Above 2049 Above 15 up to 415 October 3664

Above 2059 up to Above 15 up to 5350 up to 3096

voor 20696 - 15 655 0 2681

615 775 0 October 2364

4) Consolation money

The consolation money of Plaintiff A shall be determined as KRW 2,50,00, KRW 00, KRW 1,500, KRW 1,500, and KRW 1,500, and KRW 300, taking into consideration all the circumstances shown in the argument of this case, including the developments leading up to the instant accident, the relationship between Plaintiff A and Defendant D, and the age of Plaintiff A.

5) Sub-decisions

Therefore, the Defendants jointly have a duty to jointly compensate the Plaintiff for damages: KRW 14,430, 110 ( = 1,806, 760 + KRW 44, 708 + KRW 2,419, 660 + KRW 7,258, 982 + KRW 2,500,000 + KRW 1,50,000, KRW 000, KRW 1,500, and KRW 1,500,000, and KRW 1,500,000, and KRW 1,50,000, and KRW 15,000, and KRW 15,000, which are the date of the instant accident; and KRW 2,419,000 per annum from November 11, 2014, the Defendants are obligated to pay 15,00,000 per annum to the extent of performance obligation under the Civil Act.

4. Conclusion

Therefore, each of the plaintiffs' claims is justified within the scope of each of the above recognition, and each of the plaintiffs' respective claims shall be dismissed as it is without merit, and each of the plaintiffs' respective claims shall be dismissed as it is. Since each of the counter claims by the defendants is without merit, it shall be dismissed as per Disposition.

Judges Do residents