2015 Ghana 208594 Damage (as defined)

A

Defendant B

December 7, 2016

January 18, 2017

1. The defendant shall pay to the plaintiff 58, 692, 605 won with 5% interest per annum from December 19, 2013 to January 18, 2017, and 15% interest per annum from the next day to the day of full payment.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit, 50% is borne by the Plaintiff, and 50% is borne by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff 116, 676, 085 won with 5% interest per annum from December 19, 2013 to the date the judgment of this case is rendered, and 15% interest per annum from the following day to the date of full payment.

1. Occurrence of liability for damages;

A. Facts of recognition

1) The defendant is operating Dki ground in Gangwonwon C (hereinafter referred to as the "ski ground of this case").

2) The instant skiing ground is equipped with A, B, C, D, E, and 6 S. S. At the end of each page, B1 courses and B2 courses are in line with C1 courses in the upper end. B2 courses are in line with C1 courses in the upper end. B1 courses are in line with C1 courses in the upper end of each part of B2 courses before combining C1 courses with those of C1 courses. At the same end, the upper end of B2 courses are in line with C1 courses (the Moski is an item of the facky’s slope created by artificially Luxembourged snowline).

3) On the other hand, the safety belts were installed at regular intervals between the flaps and C1st course, and safety belts were fastened between the safety belts.

4) On December 14, 2013: around 14 15, 2014: The Plaintiff: A ski from the skiing course in the instant skiing ground to the C1st course. However, while the Plaintiff was passing through the safety belt between some sections at the time, the safety belt was cut down and was scattered in the pipe.

A) As a wind, the Plaintiff’s skiing trading (a device combining shoess into skiings) and the test (the end part of plates) were able to be able to be able to be able to be able to be displayed and the Plaintiff’s accident beyond the floor (hereinafter “the instant accident”).

5) The Plaintiff suffered injury due to the instant accident, such as the instant accident, which is the right sleep, the inner sleep, and the internal slicks.

【Non-contentious facts, Gap evidence Nos. 1, 3, 5, and 6, Eul evidence No. 1, and the purport of the whole legal theory

B. Grounds for liability

According to the above facts, some of the safety belts installed in the skiing ground of this case at the time of the accident of this case, and there is a risk that users will go over by, such as reducing the user's skiing in case the safety belts are scattered, so the defendant who manages the skiing ground of this case has a duty of care to take measures, such as removing the safety belts. However, the defendant did not take such measures, and due to this, the accident of this case occurred on the wind that the safety belts that the plaintiff fell from the ski course to C1 course, and the plaintiff fell from the ski course to the ski, and the accident of this case caused the accident of this case. The defendant is liable to compensate the plaintiff for the damage suffered by the plaintiff due to the accident of this case.

C. Limitation on liability

Meanwhile, according to the evidence mentioned above, since the safety belts in some sections of the accident occurred at the time of the accident, and as the plaintiff who is going to go to the C1st course from the ski on the ski and going to the C1st course is at risk of leaving the ski on the ski, the accident of this case should have occurred without sufficiently examining whether the ski is sckeed on the wind, even though it is necessary to do so. The plaintiff's negligence is the cause of the accident of this case. Thus, since the plaintiff's negligence is the cause of the accident of this case, it is reasonable to consider it in calculating the amount of damages to be compensated by the defendant, but the ratio of the defendant's liability is limited to 75%.

2. Scope of liability for damages

In addition to the following separate statements, the period of time for calculating the amount of damages shall be calculated on a monthly basis, and the current price shall be calculated at the time of the accident by the rate of 5/12 percent per month.

(a) Daily income (amount claimed by the plaintiff 74, 715, 739 won);

1) The Plaintiff’s gender, date of birth, age, life expectancy, maximum working age: The same shall apply to the Plaintiff’s reexamination of basic matters in the foregoing calculation table.

2) Monthly income: Urban daily wage;

(iii)the ratio of the disability and labor disability;

○ The period of hospitalization shall be calculated as 11 days from January 8, 2014 to January 18, 2014, and 9 days from April 10, 2014 to April 18, 2014 (the period of hospitalization shall be calculated as 20 days until January 7, 2014, which is the date of the instant accident, for the convenience of calculating 20 days, until December 19, 2013. 84, 16 x 22 x 20/21 x 31 x 1, 194, 614, and less than KRW 614, which is the date of the instant accident).

○○ Prefluortty in the right section of the Mabrid Table - Category IV - Category IV - 1/3 9.7% of permanent disability 9.7% of the 3rd permanent disability, the left-hand slot, the prefluortty in the left-hand slot - IV - 1/3 of the former disability applying mutatis mutandis, 18.5% of the 18.5% of the total of 9.7% of the former disability 9.7% of the latter disability (as a result of physical examination with respect to Esung Hospital).

4) Calculation: 69, 392, 114

(b) Medical expenses and auxiliary equipment (the amount claimed by the plaintiff 11, 960, 346 won);

○ Total 14, 851, 749 = Principal's charges 8, 16430 + Corporation's charges 6,035, 033

Won (No. 7-1, 2, 3)

○ Future medical expenses and auxiliary equipment

- Anti-scopic type 3,500,00 won

- Assistants: 600,000,000 won ( = 2 x 300,000 won) (the result of physical entrustment to E Sung Hospital, which was conducted or disbursed the above operation by the date of the closing of the argument in this case, on the grounds that there is no evidence to prove that the above amount was disbursed on the day following the day of closing of argument in this case for convenience, and in calculating the above amount as the present price at the time of the accident, KRW 3,578,070)

(c) Limitation of liability;

1) The defendant's ratio of liability: 75%

2) Calculation: 65, 866, 449 won

= ( = 69, 392, 114 + 14, 851, 749 + future treatment expenses and auxiliary equipment 3, 578, 070 won) x 0.75

(d) Mutual aid from the GEPS contributions;

○○ If a victim who received insurance benefits under the National Health Insurance Act is liable to compensate for damage to a third party, the victim’s negligence is concurrent in the occurrence of the damage, and the victim's negligence is reduced from the amount of damage calculated first, and the amount of insurance premium shall be deducted from the amount of damage. In addition, if the victim received insurance benefits pursuant to the National Health Insurance Act due to a third party’s tort, the victim’s damage claim against the third party shall be transferred to the National Health Insurance Corporation within the scope of the amount of the benefits, and the Health Insurance Corporation shall have the total amount of the insurance benefits paid to the National Health Insurance Corporation within the scope of the damage claim. Therefore, the victim’s damage claim against the third party shall be reduced within the scope of the damage claim (see, e.g., Supreme Court Decisions 2002Da50149, Dec. 26, 2002; 2010Da13732, Jul. 8, 2010).

○ Corporation Charges 6, 035, 033 won (Evidence A 7-1)

○ Calculation: 59, 831, 416 won = 65, 866, 449 won - 6,035,033 won

(e) Condolence money;

1) Reasons for taking into account: The age of the victim, the course and result of the instant accident, and other circumstances revealed in the instant pleading.

2) Amount determined: 10,00,000 won (the amount claimed by the plaintiff 30,000,000,000)

F. Sub-committee

Therefore, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 69,831, 416 ( = 59,831, 416 + 10,00,000 +) and damages for delay calculated by 15% per annum under the Civil Act from December 19, 2013, the date of the instant accident, to January 18, 2017, the date of this judgment, and from January 18, 2017, to the date of full payment.

3. Conclusion

Thus, the plaintiff's claim of this case is justified within the scope of the above recognition, and the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

Judges Kim Jong-Un