2014Na204299 Damage (as defined)

1. 00

2. 쇠가가이;

[Defendant-Appellant] Plaintiff 1 and 2 others

[Defendant-Appellant]

Sponsor

Law Firm LLC (LLC) OO

Attorney OOO, OO

Seoul Northern District Court Decision 2013Gahap1109 Decided October 15, 2014

January 28, 2016

March 10, 2016

1. Revocation of the part of the judgment of the court of first instance against the plaintiffs, which orders payment below

The defendant shall pay to each of the plaintiffs KRW 39, 363, 527, respectively, and against this, from December 25, 2012 to March 10, 2016.

up to five percent per annum, 15 percent per annum from the following day to the day of full payment.

H. D. D.

2. The plaintiffs' remaining appeals are dismissed.

3. 75% of the total litigation costs shall be borne by the Plaintiffs, and the remainder by the Defendant.

4.The payment portion of paragraph 1 above may be provisionally executed.

The judgment of the court of first instance is revoked. The defendant shall revoke the judgment of the court of first instance against each of the plaintiffs, KRW 154, 263, 290, as well as the defendant on December 2012.

25. From the date of service of the copy of the complaint to the date of service of the copy of the complaint, 5% per annum and 15% per annum from the following day to the date of complete payment.

(The plaintiffs reduced the purport of the claim in the trial).

1. Basic facts

A. The Plaintiffs are parents of the network (as 200, 13 November 13, 200, hereinafter referred to as “the deceased”), and are parents of the deceased;

피고는 ◆◆◆의 아버지이다 .

나 . 망인은 2012 . 12 . 25 . 16 : 20경 친구들인 ◆◆◆ , □□□과 서울 중랑구에 있는 피

The two-story multi-family houses owned by the apartment shall fall on the rooftop of the multi-family house (not less than 8 meters in height) and two external wounds.

After a medical center is assigned to a medical center due to a blood transfusion, an open colon, an open colon, an alley part of an alley part, etc.

was transmitted.

C. On January 23, 2013, the Deceased was under surgery and hospitalized in a hospital, and at around 00: Around 00, he/she shall undergo repulmonary treatment, and the following:

On January 24, 2013, while undergoing a day-saving operation, the cardiopulmonary suspension occurred and died at around 57.

[Ground of Recognition] Unstrifed Facts, Gap evidence 1 to 4, Gap evidence 6-1, 2, and Gap evidence 11-1,

2. The descriptions and images of evidence Nos. 13-1, 2, and 19, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' assertion

The defendant did not install a rail for the prevention of fall on the rooftop of a house, and listed on the rooftop.

A A shall block and block entrances or ensure that children are placed on the rooftop along with their guardians.

Due to the negligence of neglecting it as it is, the general tort liability pursuant to Article 750 of the Civil Code.

임을 부담한다 . 그렇지 않다고 하더라도 피고의 아들 ◆◆◆ ( 당시 12세 ) 이 망인을 향해

In a case where a fire extinguishing agent was spreaded using the fire extinguishing machine, the deceased died while avoiding it, and the deceased died.

피고는 책임무능력자인 ◆◆◆에 대한 보호 · 감독 의무를 다하지 못한 과실로 민법 제

The deceased shall be liable for damages under Article 755. It is reasonable to view the deceased’s negligence to the extent of 20%.

Therefore, the defendant shall pay damages to the plaintiffs, each of which is KRW 154, 263, 290 [[132, 763, 290]

244, 547, 886 + Medical expenses 7, 360, 340 + X80 per cent of the deceased 80, 000, 000) X80 x 1/2) +

Funeral expenses KRW 1,500,000 + each of the plaintiffs' own consolation money of KRW 20,00,000, 000) and any delayed damage

shall be liable to pay the money.

B. The defendant's assertion

The defendant is not negligent, and even if there is negligence, the defendant's negligence and the deceased's death.

There is no proximate causal relationship between the network.

3. Occurrence of liability for damages;

A. Whether there was negligence on the Defendant on the fall accident of the Deceased

1) In full view of the purport of the entire pleadings in each statement of Gap evidence Nos. 14 through 20, the following are as follows:

the facts are recognized.

① The Defendant was indicted on suspicion of gross negligence by gross negligence under Seoul Northern District Court 2015 Godan1052

The summary of the facts charged is as follows; the second floor of multi-household housing owned by the defendant;

There are fixed stairs leading to the roof, and approximately 16 cm at the edge of the roof.

의 턱만 설치되어 있었다 . 피고는 평소 초등학교 6학년인 아들 ◆◆◆ ( 12세 ) 이 친구인

The deceased et al. was aware that they were frequently worked on the second floor of the house with the deceased et al.;

No rail or safety facilities corresponding thereto shall be installed, and corrective lighting shall be made on steel stairs.

치도 하지 아니하였다 . 또한 2012 . 12 . 25 . 16 : 00경 ◆◆◆ 이 친구인 □□□ , 망인과 함

Although having known the fact that they are playing on the second floor of a thickness of housing, they did not take such measures.

In addition, it is obvious that the duty of care is not significantly high to prevent access to the roof, etc.

In the end, the defendant was negligent by the above gross negligence on the roof through steel stairs. In the end, the defendant was a roof.

The number of days of treatment shall be left from the edge of the roof to the ground below about 8 meters;

B. Along-term and Along-term and Along-term, etc. were suffered.

(2) The court of the first instance shall, on October 21, 2015, admit a person guilty of facts charged on October 21, 2015 and ten months thereafter.

A sentence was imposed and the defendant was detained.

③ The Prosecutor and the Defendant appealed as Seoul Northern District Court 2015No. 2015.

The Defendant was released on bail on November 18, 2015. The appellate court was gross negligence on January 21, 2016.

A general person, other than the defendant's family, has access to a rooftop using steel stairs.

기 어려운 점 , 피고는 2012 . 10 . 경 주택 옥상에서 방수공사를 하는 동안 아들인 ◆◆◆

the defendant appears to have paid attention to the rooftop, and the defendant's rooftop tower on the rooftop.

방을 비워 둔 채로 평소 옥상을 사용하지 않았던 것으로 보이고 , ◆◆◆이 주택 2층에

Even if he was aware that he was friendly and frequently in his residence, he shall be on the rooftop;

the defendant, at the time of the rooftop waterproof work, does not seem to have known that it had been aware that it had been

Handing a rail that had been removed and waterproofed, and no cost of installing a rail shall be incurred in installing a rail later.

치할 계획이었던 것으로 보이는 점 , 사고 당시 추운 겨울철이었으므로 피고로서는 ◆

◆◆이 친구들과 주택 옥상에 올라가 놀 것을 예상할 수 없었을 것으로 보이는 점 등

In full view of the circumstances stated in its holding, the evidence alone presented by the prosecutor shall be the defendant with the duty of care.

As to the bodily injury caused by gross negligence on the ground that it is difficult to deem that there was gross negligence.

It sentenced not guilty of the reason, and significantly neglected the duty of care during criminal facts. ‘B' is a duty of care.

the court below held that the defendant was guilty of the injury caused by negligence and sentenced to a fine of 3 million won.

was made.

④ The Prosecutor filed an appeal as the Supreme Court 2016Do 16.

2) According to the above facts of recognition, the defendant opened a rooftop rail installed in the existing around October 2012 and removed by the defendant.

Since it was a construction work, a rail installed on the rooftop to prevent falling or a rooftop;

A corrective measure shall be taken to ensure that a person enters the rooftop and does not fall.

There was a negligence that did not take such a measure despite the fact that there was a duty of care to take such measures; and

It is reasonable to view that the deceased fell on the rooftop due to negligence.

(b) Whether there exists a causal relationship between the fall and death of the victim.

1) Comprehensively considering the overall purport of arguments in Gap evidence 4 and 19, evidence Gap evidence 20-1 and 2

Recognizing the following facts, that is, the Deceased is crashed on December 25, 2012 at 30 :30, and two alleys:

안면골 골절 , 폐좌상 등이 발생하여 16 : 45경 ▣의료원에 후송된 사실 , 17 : 02경부터 기

In order to secure the Do, the official inserted in the agency was attempted three times, and the end in which one is added to the Do.

17: The success in the 26th Session, the Deceased shall be removed on January 15, 2013 from the Agency at around 30 and the state of the removal.

1. 1. 19. A person who was transferred to a general hospital but 1. 23. 23. 17: from 00 to 00, Da

1. 24. 24. 11: 10 to 13: CT shooting around 00 and 13: At around 30, the seal of the instant accident at the city of the machinery located at around 30

institution’s insertion and maintenance, which occurred in the course of the institution’s insertion and maintenance

Tensis and institutional interior walls are divided into tubes, duplicating and duplicating, and childcare organizations or fibers have occurred.

The phenomenon in which the inner diameter is gradually narrow through the process of globalization into the organization is serious, and within the agency.

The fact that serious respiratory difficulties have occurred because the border is narrow to at least 50%, 16: machinery under the national anesthesia around 20

Although the Pibin surgery was performed, bronospam, alregym, alregym, alregynin

Chemical, pharmacological and water, such as drugs, environmental factors, occupational factors, physical and mental factors, etc. in the department;

50 percent of all closures due to rigymar react in excess of rupway reactiv;

Maddenium - carbon dioxide exchange function has been reduced or lost due to the light hydrogen reduction of the machinery site;

e. Waste, that is, it is understood to be in the state of difficulty due to the most serious type of chron work).

The concentration of oxygen has decreased due to the impossibility of ventilation, and the cardiopulmonary closure has been suspended, and 17: 40 square meters for transfer to a middle patient's room.

17: The death of the deceased, and the death diagnosis report on the deceased, although the pulmonary resuscitation was conducted, there was no reaction;

on the ground that the death has been caused by death, as a direct death, a low-carbon on the ground of cardiopulmonary suspension or cardiopulmonary suspension;

The fact that it is stated as the delay reduction of the agency due to the reason of the certificate, and the entrustment of appraisal by the Seoul Northern District Prosecutors' Office;

The Korean Medical Association shall, at the time of arrival of the hospital, in the end of the City/Do four times in total, be breath of the Agency’s insertion.

In view of success, it was difficult to say that it had been difficult for the agency inserted due to the postmortem characteristics.

In the light of the light CT reading that was anticipated and implemented on January 24, 2013, a wide range of collaborations between the institution and the latter.

It is confirmed that there has been anything else, and even if a process record has been made, it is found that there has been anything else by compromise on such a paper.

When it has been repeated, the engine dynassis was rapidly down while performing the engine dynasium operation in order to secure the dynasium.

As a result, it is presumed that the pulmonary brain damage has been caused due to the deterioration of low oxygen, and that it has reached the suspension of cardiopulmonary resuscitation.

in this chapter, it has been necessary to perform repeated rupture operations from the time of arrival at the emergency center.

It is recognized that there is a presumption that there is a correlation with the appropriate characteristics.

According to the above facts of recognition, the deceased's death was suspended due to low-carbon symptoms caused by the dives of engine organs.

The deceased's engine axis was killed, and the deceased's engine axis was fall, and the deceased's engine axis was cut, and the deceased's engine axis was removed.

An institution insertion, maintenance, and equipment which a person has suffered from damage, etc. caused by a breathesis and implemented by him/her due to breathesis;

Inasmuch as it appears to have occurred in the course of an operation, a merger certificate due to the institution’s insertion and maintenance;

person who has been presumed to have a direct cause of death, and who has been found to have a low rate of cognization of the above agency;

Considering that the body cannot be predicted, the part of the deceased’s injury caused by the accident of this case as seen earlier.

In such a degree, the details of the occurrence of the deceased’s engine coarmosis and the engine coarmosis, the deceased’s death history, etc.

In light of the above, it is reasonable to view that there is a proximate causal relationship between the deceased’s fall and death.

of this chapter.

2) The defendant's recognition by the statements in Gap evidence 4, 19, Gap evidence 20-2, and Eul evidence 2

(1) The president of the Korean Medical Association for the entrustment of appraisal by the Seoul Northern District Prosecutors' Office

In the response to the disaster, there was a cerebral cerebral cerebral typhism in the response to the disaster, but food was known from the luth name.

Considering that the deceased was in a state, the deceased’s injury was not caused by the death.

(2) A et al., written by the National Institute of Scientific and Investigative Research (A)

19 No. 19) In the case of a dead person, the head ice felbranes vertll, in the case of a dead person, is in a state of surgery.

It is difficult to conclude as a person, 3. Death in a written diagnosis of the deceased.

(4) the network, consisting of the type of soldier, external personnel, and other personal and non-legal information;

The cause of death of the deceased appears to be a medical accident in the prosecutor's investigation of the plaintiff 000, which is the reference of the person.

In light of the circumstances such as the fall and death of the deceased, a proximate causal relationship exists between the deceased and his death.

However, in light of the aforementioned circumstances, the circumstance alleged by the Defendant alone is that the Defendant asserted.

It does not interfere with the recognition of proximate causal relation.

3) Therefore, pursuant to Article 750 of the Civil Act, the defendant shall have the deceased and the plaintiffs caused by the instant accident.

shall be liable for the damages suffered.

4. Limitation on liability for damages.

However, the accident of this case is dangerous because the Deceased does not have a rail on the rooftop of the house.

Since it was known that the rooftop is not listed or is listed on the rooftop, it is approaching the edge of the rooftop.

The failure to prevent the falling accident from falling, but the failure to do so was found to have been negligent.

the deceased’s direct cause of death in the course of treating the injury suffered by the deceased due to the instant accident.

of the presumed agency, per se, has caused unpredictable and fatal results;

In light of the fact that the deceased’s above act and the probability of occurrence are significantly low, the occurrence of the merged;

Since the occurrence of the accident of this case and the expansion of damage of this case, the defendant's distribution

In determining the amount of damages to be paid, the circumstances leading up to the occurrence of the accident of this case, the deceased and the defendant

In full consideration of the degree of violation of the duty of care, 25% of the total damage suffered by the defendant

It is reasonable to limit to the court.

5. Scope of liability for damages

(a) Property damage;

(i) lost earnings;

The deceased’s loss of the lost income resulting from the instant accident shall be as follows:

Based on the content of the assessment, the interim interest at the rate of 5/12 per month shall be deducted as follows:

the accident at the time of the accident in accordance with the Hofman Identification Calculation Act (hereinafter referred to as the " Hofman Identification Calculation Act").

It is 244, 547, 886 won calculated by the fluor.

A) Facts of recognition and evaluation;

(1) Personal information

○ Gender: Male

○ Date of birth: November 13, 2000

○ Age at the time of an accident: 12 years of age and 1 months;

○ Name of lease: 65 65 04

(2) Income and maximum working age: the network that excludes the military service period as claimed by the Plaintiffs.

From November 13, 2021, when a person reaches 21 years of age, the date from November 13, 2021 to 60 years of age.

12. By up to 12. It is expected that an ordinary worker will be able to engage in urban daily work on the 22th day of each month, and the plaintiff

wage of an ordinary worker who is engaged in daily work for the first half of 2013, as sought by the Commission, 1

daily 81, 443 won.

(3) Deduction for living expenses: 1/3 of income;

【Ground of recognition】 The empirical rule, Gap evidence Nos. 7 through 9, the purport of the whole pleadings

(b) Calculation: 244, 547, and 886 won (hereinafter the same shall apply) = 81, 443 won x 22 days x 2/3 ( =

1- Cost of living 1/3) x 7287 on 204 ( = ( = from December 25, 2012, 2012, the deceased becomes 60 years of age since December 25, 2012, the date of the accident)

By November 12, 2060, approximately KRW 575,00,00 for 575 months (05931) - The date of the accident, which is December 25, 2012

From November 13, 2021, the Deceased’s full number of 107 months of age until November 13, 2021 (3306, 88) is 21 years of age.

On the other hand, a person who suffered injury due to another person's illegal act and died due to that person's injury;

At the same time, a claim for damages due to loss of profits to be earned by a person who is alive in the future.

(2) The damage shall be caused by the death of the

It does not mean that (see Supreme Court Decision 92Da48413 delivered on March 9, 1993) and the present state of the lost income.

on January 24, 2013, the deceased’s death date, and on December 25, 2012, the crash accident of this case other than this case occurred.

shall be calculated on a basis.

2) Written medical expenses: 7,360,340 won (in the absence of any dispute, 1/2 each of them as claimed by the Plaintiffs)

investment shall be deemed to have been withdrawn)

3) Funeral expenses: 3,00,000 won (which shall be deemed to have been paid 1/2 as claimed by the Plaintiffs)

4) Fruits offsetting

A) The defendant's ratio of liability: 25% (see the above paragraph (b)).

B) Calculation

(1) A lost income: 61, 136, 971 won ( = 244, 547, 886 won ¡¿ 25%, but less than KRW 25%, the same shall apply below.

C)

(2) Hashes treatment costs: 1,840,085 won ( = 7,360, 340 won x 25%)

(3) Funeral expenses: 750,000 won ( = 3,000,000 x 25%)

5) Mutual aid

A victim in the course of investigation or criminal trial against an offender of a tort;

Where an agreement is reached with the effect that the perpetrator is not subject to punishment for the perpetrator upon receipt of the agreement;

money paid at the time of the agreement shall be deemed as part of the damages in principle.

of this section, the perpetrator does not directly pay the amount of the criminal agreement to the victim and the criminal action

The same applies to the case where money is deposited in relation to punishment (Supreme Court Decision 98Da15 delivered on January 15, 199).

43922) In full view of the purport of the entire pleadings in the statement No. 1 of the evidence No. 1, the defendant in a criminal case

After being sentenced to the first instance court, for the plaintiffs who are bereaved family members of the deceased, KRW 15 million as part of the compensation for damages.

the deposit amount of KRW 15 million, since the deposit was made by the Plaintiffs and the receipt by the Plaintiffs is recognized, the deposit amount of KRW 15 million shall be

shall be deducted from the case of damages.

(b) Consolation money;

The accident of this case that the deceased and the plaintiffs suffered a considerable mental suffering due to the accident of this case

Since it is apparent in light of the examination rules, the defendant is obligated to give up for it in money, and at the time of death.

The Deceased’s age, family relations, and the occurrence of the instant accident, and the consequences thereof, shall be considered.

The consolation money shall be determined as KRW 2,00,000,000, and the plaintiffs' consolation money as KRW 5 million each.

(c) Inheritance relationship;

1) Amount subject to inheritance: 66, 136, and 971 won ( = 61, 136, and 971 won = The deceased’s lost income + the deceased’s deceased’s deceased’s deceased’s deceased

L20,000,000 - Deposit 15,000,000

2) Inheritance amount: 3,068, 485 won each ( = 66, 136, 971 won): 2) as the plaintiffs inherit one-half.

D. Sub-committee

Therefore, the defendant is liable to compensate the plaintiffs for damages caused by the accident of this case, each of which is KRW 39, 363, 527.

[Inheritance Amount = 33,068, 485 + 920, 042 Won ( = 1,840, 085 Won 2) + Funeral expenses

375 , 000원 ( = 750 , 000원 ︰ 2 ) + 위자료 5 , 000 , 000원 ] 및 이에 대하여 불법행위일인

From December 25, 2012, it is reasonable to resist the existence or scope of the Defendant’s performance obligation.

Until March 10, 2016, which is the date of the ruling of the competent court recognized, 5% per annum prescribed by the Civil Act, which is the next day.

The year prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, as claimed by the Plaintiff, until the date of full payment.

15% of the damages for delay shall be payable at each rate.

6. Conclusion

Thus, the plaintiffs' claim of this case is justified within the scope of the above recognition.

s) A claim shall be dismissed for lack of reason, and the judgment of the court of first instance shall have a different conclusion.

Since it is unfair to accept part of the appeal by the plaintiffs and order the above payment among the judgment of the first instance.

The court shall order the defendant to pay the above amount by cancelling the part against which they lost, and the plaintiffs' remaining appeal shall be

It is dismissed as it is without merit. It is so decided as per Disposition.

The presiding judge's objection to judge

Judges Kim Jong-soo

Judges Hong Sung-sung

1) In the event that an intermediate interest is deducted pursuant to the Hofman Identification Calculation Act, the total available period exceeds 414 months and the numerical value of the present rate is 240.

From the realization rate of a single-age pension for the total period during which the victim can operate with the relation which includes a period during which it is impossible to obtain net profit even if it exceeds B.

In cases of calculating the present price by applying the numerical value obtained by deducting the present rate of short-term pension equivalent to the period in which net income cannot be obtained, the result of deduction.

If the numerical value of the deceased does not exceed 240, it shall be free (see, e.g., Supreme Court Decision 91Da16129, Jul. 23, 1991). The total operation of the deceased in this case

A period during which the period exceeds 414 months as 575 months, but cannot obtain net profits from the rate of short-term pension benefits for the total period (from the date of accident, the period of military service shall be the date of accident).

Until the day when completion is completed), the final amount calculated by deducting the present rate of short-term pension equivalent to the applicable (293, 0593 - 3306 August 8, 204) is calculated as 7287 (293, 0593) and ultimately the present rate.

Since the numerical value does not exceed 240, it shall be calculated as above.