Where a military truck is loaded with a child, the duty of care of the truck driver;

The military truck does not have a separate provision for safety facilities used at the time of loading, but it is difficult for children in the sixth-year level of national school to get on and off the ship. The above children are likely to get off the ship without permission if they go through a place where they get off the ship due to insufficient judgment ability. In such a case, the truck driver has the duty of care to look at the place where the children get on and get off the ship in advance to find out the place where the passengers get on and get off the ship, and to present the movement of children until they get off the destination.

Article 750 of the Civil Code, Article 2 of the State Compensation Act

Park Jong-dae et al.

Korea

1. The defendant shall pay to the plaintiff Park Jong-dae, the amount of 6,738,298 won, the same gambling room, the same gambling room, the same gambling room, and the amount of 200,000 won and each of the above amounts with an annual rate of 5% from November 3, 1986 to July 24, 1987, and the amount of 25% per annum from the 15th of the same month to the date of full payment.

2. The plaintiffs' remaining claims are dismissed.

3. The costs of the lawsuit are divided into three parts, and the two parts are assessed against the plaintiffs, and the remainder are assessed against the defendants.

The defendant shall pay to the plaintiff Park Jong-young 17,924,745 won, gold 17,345,7456 won, the same gambling room, the same gambling room, and each of the above amounts to the same gambling line 80,000 won and each of the above amounts shall be paid at the rate of 5% per annum from November 3, 1986 to May 21, 1987, and at the rate of 25% per annum from the following day to the date of full payment.

The judgment that the lawsuit costs shall be borne by the defendant.

1. Occurrence of liability for damages;

In light of the whole purport of oral argument, Nonparty 1, who is the driver of the truck of No. 1, two (Notice of Decision on Compensation), Gap's evidence No. 4-7,8 (Written Statement of Examination), 10 (Protocol of Examination of Suspect), 11 (Protocol of Trial), and 12 (Judgment), who had been on board the above truck at the time of loading the above truck at the same location of No. 9506 (No. 9506-1365) and who had been on board the above 6th of November 3, 1986, had his/her duty of care to remove the above truck at the time of the above 6th of the death of his/her parents, and who had been on board the vehicle at the time of the above 6th of the death of his/her parents, was likely to have his/her vehicle loaded at the same location as the above 6th of the children's school, and was likely to have his/her vehicle loaded at the front of the above 6th of the children's school.

According to the above facts, the defendant is responsible for compensating the damage suffered by the above non-party deceased and the plaintiffs due to the above accident as prescribed by Article 3 (a) of the Automobile Accident Compensation Act. On the other hand, according to each of the above evidence, although the above truck is driving about about 50 kilometers a speed of time, the above truck's destination to the destination of the truck he left without taking any measures against the non-party 1, and it is found that the above truck's destination to the above truck will be easily believed to be able to be able to run safely, and the cause of the accident of this case conflicts with the above mistake of the above deceased. However, this does not reach the degree of exemption from the defendant's liability, so it should be considered to be 60 percent by negligence of the victim in calculating the amount of damage.

2. Scope of damages.

A. The amount of the loss of importation of the deceased

In full view of the above evidence Nos. 2, 3 (B), 5-1, and 5-2 (BOE mark and content) of Gap, without dispute over its establishment, the above non-party deceased, who is a rural community, left 11 and 9 months at the time of death of the accident of this case on February 3, 1975, and the average life expectancy of the Republic of Korea at the same age is 54.6 years and 10,202 won per day, and there was no other counter-proof that the above non-party 1 and 5-3 (the non-party 1 and the non-party 4 were consumed at least as living expenses of 9-7) 】 (the non-party 2 and the non-party 1 and the non-party 1 and the non-party 2 were operated for less than 5-1 and the non-party 3-1 and the non-party 3-1 and the non-party 2-1 and the non-party 3-1 and the non-party 1 were found to have any accident of this case.

(b) Funeral expenses and autopsy expenses.

Nos. 4-3 (Medical Expense Statement) and 4,5 (Written Statement) without dispute in the establishment of the case, and the whole purport of the argument of the above non-party 1 after the accident of this case, in order for the above non-party 1 to disclose the cause of the death of the deceased, the non-party 1 transferred the deceased to the Korea Medical Center located in the Jeju Medical Center and sent the deceased's body, etc., and paid a total of KRW 153,000 at its expense. In addition, the order of the plaintiff Park Jong-ok to the above deceased, while holding the funeral of the above deceased, it can be recognized that the non-party 1 paid KRW 426,00 as food and funeral expenses, and there is no other counter-proof.

(c) Set-off of negligence;

As to the above damages, since there was negligence on the part of the above non-party deceased, who was the victim, as seen earlier, the amount of damages that the defendant is liable for shall be determined as 11,476,569 won [28,691,490 won x 1-6/10] out of the amount of loss of import, and 231,60 [579,00 won x 1-6/10] out of funeral expenses and autopsy expenses.

(d) Condolence money;

In light of the empirical rule that the above non-party deceased's death as above, as well as his parents, and the plaintiffs, who are their children, suffered severe mental pain. As such, the defendant is obligated to take the suffering of the above deceased and the plaintiffs in money. As such, the circumstances and result of the accident in this case, such as the occurrence of the accident in this case and the degree of negligence of the above deceased, if considering all the circumstances shown in the arguments in this case, such as the above deceased's negligence, consolation money shall be determined at KRW 1,00,000 against the above deceased, KRW 50,000 against the above deceased, and KRW 20,000 against the rest of the plaintiffs.

(e) Inheritance relationship;

As seen earlier, the fact that the Plaintiff Park Jong-ok was the parent of the above non-party deceased was the same as that of the above non-party deceased. As such, the above non-party deceased’s claim for damages (import loss + KRW 11,476,596 + KRW 1,00,000,000) together with the deceased’s death was inherited by each of the above plaintiffs, who are co-inheritors, as co-inheritors, 6,238,298 won [12,476,596 won x 1/2].

3. Conclusion

Therefore, the defendant's 6,969,898 won (the above shares of inheritance + KRW 6,238,298 + property damages + KRW 231,600 + KRW 500,000] 6,738,298 won (the above shares of inheritance + KRW 6,238,298 + KRW 500,000) shall be paid to the plaintiff's Gagym court (the above shares of inheritance + KRW 6,238,298 + KRW 500,00) 20,000 won for each of the above amounts to the plaintiff's Gamym, and the above amount shall be paid from November 3, 1986 to July 24, 1987, and the plaintiff's claim for damages for delay shall be made within the scope of the above judgment's 9% per annum under the former Civil Procedure Act to the extent that the plaintiff's claim for damages for delay shall be made within 2500,0,00,0,05,05,00,0,00,00.

Judges Yang Sung-tae (Presiding Judge)