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(영문) 수원지방법원안산지원 2016.02.24 2015가단878
손해배상(기)
Text

1. Defendant D’s KRW 1,00,000 for each of the said money and each of the said money to the Plaintiff A, KRW 24,57,595, and KRW 1,000 for each of the said money.

Reasons

In light of the above legal principles, the Defendants’ damages claim against E and F is without merit, since there is no assertion or proof as to the negligence of neglecting the duty of culture and supervision of minor children.

The Plaintiff’s limitation of liability is limited to 70% of Defendant D’s liability, since the Plaintiff’s fault caused the instant accident by provoking Defendant D who was under his command.

The date of birth based on the actual income from the scope of compensation for damages: H students (the remaining 17 years old and 17 months old at the time of the accident): the operating period and income in 61.93 shall be deemed to serve in the military for two years from the age of 19 to the age of 2 for the convenience of calculation, and thereafter, the rate of loss of labor ability to recognize the income equivalent to the daily wage of the urban ordinary workers until the age of 60: the permanent disability loss rate of 6%: The current price at the time of the accident of this case shall be calculated as follows in accordance with the discount method that deducts the intermediary interest at the rate of 5/12% per annum:

(B) Restrictions on liability: 19,233,645 won (i.e., 27,475,637 * 0.7): positive damages treatment expenses, etc. (i.e., total treatment expenses of 2,641,870 won, including the National Health Insurance Corporation charges, and total treatment expenses of 2,731,870 won, including purchase expenses of Ansan 90,000 won: sex surgery expenses of 2,70,000 won, and calculation is made on February 4, 2016 on the date following the date of closing argument of the instant case for the convenience of calculation, and it is calculated as the present price at the time of the instant accident as follows.

70% mutual aid: 342,370 won paid by the Corporation and 1,881,440 won paid by the School Safety Mutual Aid Association: 1,343,950 won [=(2,731, 870 2,364,930)]* 0.7-(342,370 1,881,440)] The accident of this case, and all the circumstances shown in the plaintiff's injury and arguments, shall be determined as KRW 4,00,000 for consolation money, and the rest of the plaintiffs shall be determined as KRW 1,00,000,000, respectively.

Accordingly, Defendant D’s damages amounting to KRW 24,57,595 (i.e., KRW 19,233,645 1,343,950 4,000,000), Plaintiff B, and C, respectively, and each of the said amounts on March 28, 2013, the date of the instant accident.

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