2013 Ghana 210708 Compensation (i)

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

December 16, 2016

February 24, 2017

1. The defendant shall pay to the plaintiff 111, 810, 532 won, and 5% per annum from January 21, 2012 to February 24, 2017, and 15% per annum from the next day to the day of full payment.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit, including the cost of participation, are assessed against the plaintiff and the intervenor joining the plaintiff, and the remainder are assessed against the defendant.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiff 282, 434, 889 won with 5% interest per annum from January 21, 2012 to the date this judgment is rendered, and 15% interest per annum from the following day to the date of full payment.

1. Basic facts

A. On January 21, 2012, the Plaintiff is a passenger who was on board the FF taxi owned by Nonparty D (hereinafter “instant taxi”). The Defendant is a mutual aid business entity that entered into a mutual aid agreement with the Plaintiff for the instant taxi, and the Plaintiff’s assistant is an insurer that entered into an accident insurance contract with the Plaintiff.

B. D around January 21, 2012: around 05: (a) around 15, 2012: (b) around 05, the Plaintiff was on the instant taxi with passengers; (c) was driving the second line among the third line adjacent to the middle line in the middle line in the Daejeon Jung-gu G, Daejeon; (d) caused concrete sculptures scattered on the floor due to other traffic accidents involving the opposite to the road; and (e) on the road, the said taxi was set up on the road and loaded the said taxi on the vehicle.

C. The plaintiff considered the surrounding situation of the above taxi according to D, and she saw D to get on the si again, and she also gets on the front side of the si in order to get on the si. The amount of the H car driven by the non-party maintenance driver who was on the right side of the above si was shocked to the rear side of the above si. On the wind, the plaintiff suffered from the accident of this case (hereinafter referred to as the "accident of this case") such as the IF vehicle standing the above si and the above wing driver who stopped in the front of the above si, and there was no two open wounds between the above si and the above wing driver.

D. The Plaintiff, due to the instant accident, was hospitalized in the Daejeon-gu Daejeon-gu Daejeon District Hospital and the Daejeon-gu Daejeon District Court for the hospitalized Treatment until September 28, 2012, and until October 11, 2012, respectively, from the date of the instant accident to September 28, 2012, and on January 11, 2013.

[Grounds for Recognition] The facts without dispute, Gap's 1 to 3, Eul's 1 (including each number), the purport of the whole pleadings

2. Establishment of liability for damages;

(a) Occurrence of liability for damages;

1) Party’s assertion

The Plaintiff and the Plaintiff’s assistant intervenor asserted that the Defendant, as the mutual aid business entity of the instant taxi, has a duty to compensate the Plaintiff for the damages incurred by the instant dismissal.

On the other hand, the defendant asserts that, at the time of the accident of this case, the plaintiff exceeded the scope of direct risk of the taxi of this case, and thus, the accident of this case was not in the position of passengers, and the accident of this case was entirely caused by the negligence of the plaintiff or the maintenance thereof.

2) Determination

The "passenger" means a person boarding a vehicle with the explicit and implied consent of the operator of the vehicle. It does not necessarily mean that only the person inside the vehicle is a passenger. A person who does not get out of the direct risk of the vehicle in operation even though he/she was temporarily driven on the vehicle, may also maintain the status of a passenger. The determination of whether a person falls under the case shall be made in light of social norms, taking into account all the circumstances such as the intention of the operator and the passenger, the background of the passenger's getting out of the vehicle, the time after the getting out of the vehicle, the character of the place where the vehicle stopped at the vehicle, the location of the accident, etc. (see Supreme Court Decision 2006Da18303, Feb. 28, 2008, considering the facts recognized as the case, the plaintiff still tried to get out of the accident of the vehicle in question and tried to get out of the accident of the vehicle in question, i.e., the situation of the vehicle in question., the plaintiff continued to be out of the vehicle in question.

Furthermore, pursuant to Article 3 of the Guarantee of Automobile Accident Compensation Act, in cases where a passenger is killed or injured due to an automobile accident, the operator is liable to compensate for the damage caused by the death or injury of the passenger without any negligence in driving unless the passenger claims that the death or injury of the passenger was caused by his/her intentional act or suicide. Therefore, the Defendant, who is a mutual aid business entity of the instant taxi, is liable to compensate for the damage caused by the instant accident.

B. Limitation on liability for damages

However, the scope of the defendant's liability is limited to 80% in consideration of Eul, such as the fact that the accident occurred while the plaintiff stops in the taxi near the road without immediately avoiding the safe edge of the road after getting off the taxi.

3. Scope of liability for damages

For the convenience of calculation, the period of time shall be calculated on a monthly basis, but less than the last month and not more than KRW 10,00 shall be discarded. The current price calculation at the time of the accident of the amount of damages shall be in accordance with the fractional discount method deducting the intermediate interest calculated at the rate of 5/12 per month. And it shall be rejected that the parties’ arguments do not separately state.

[Ground of recognition] In the absence of dispute, entry of Gap evidence Nos. 3 through 5 and 7 (including branch numbers), and the result of the physical examination commissioned by this court to the president of the Daejeon G Daejeon Hospital, the purport of the entire pleadings as a result of the fact inquiry about the president of the Korean Medical Association of Doctors of this Court

(a) Actual income;

1) Basics: on February 16, 1980, 31 years old at the time of the accident, 31 months old at the time of the accident, 47.79 years old.

2) Maximum working age and income: To apply the daily daily wage of an ordinary worker until he/she reaches 60 years of age;

A) The Plaintiff asserted that, at least the maximum working age from the date of the instant accident to the date of the maximum working age, the Plaintiff continued to earn the said income, since it was raising monthly income of KRW 4,252,651, while running its own business around the date of the instant accident.

B) If the entire purport of the pleadings is combined with each of the statements in evidence Nos. 7 and 9 (including branch numbers), it can be recognized that the Plaintiff reported the amount of income in 2010 to Daejeon Tax Office as KRW 4,087,087,083, and the amount of income in 512,031,81 as KRW 512,00,81 as well as KRW 815, on March 17, 2010 (the reported amount of income is limited to the amount of income equivalent to the price for work. The Plaintiff’s total amount of income cannot be recognized as the Plaintiff’s income from construction business, and the Plaintiff’s business operator’s personal business operator’s personal business operator’s personal business operator’s personal business operator’s personal business operator’s personal business operator’s personal business operator’s personal business operator’s personal business operator’s personal business operator’s business operator’s personal business operator’s business operator’s business operator’s business operator’s business operator’s business operator’s income in this case cannot be found to be based on the Plaintiff’s wage report or data.

4) The ratio of injury to the latter and the loss of labour capacity.

A) The respective period of hospitalization from January 21, 2012 to September 28, 2012, which is the date of the instant accident, and from October 11, 2012 to January 11, 2013, each period of hospitalization: 100% (the Plaintiff asserts that the entire period of hospitalization is the period of hospitalization from January 21, 2012 to January 11, 2013, but there is no evidence to acknowledge that the Plaintiff was hospitalized for the period from September 29, 2012 to October 10, 2012).

B) From January 12, 2013 to February 15, 2040, from January 12, 2013 to 60 years of age.

(1) Permanent disability rate of 29% due to the slives of slots (V - paragraph (1) shall apply mutatis mutandis)

(2) Permanent disability rate of 12% due to brain damage, etc. on the left-hand side (X -B - paragraph (1) shall apply mutatis mutandis)

(3) Overlapping disability rate: 37. 52%

5) Calculation: KRW 163, 525,829 (Specific Calculations are as follows (Real Income).)

A person shall be appointed.

(b) Future medical fees;

In addition to the purport of the oral argument as a result of the court’s physical examination commission to the head of Mume Hospital, the fact that the Plaintiff’s medical expenses incurred in the instant accident requires the purchase cost of 4,756,00 won for reflective correction and Z-Manenenenenee knee knee knee knee kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne

1) Expenses for anti-scam corrective and scambling

2) Expenses for knee-shnee-shneing auxiliary devices

net 2019 2016 - Necessary date - number 145 81 per month, 8421 7476

(c) Mutual aid;

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The following medical expenses, insurance money, and damages are those for which the plaintiff had already been paid as part of the damages of this case, or can be recognized by considering the purport of the whole pleadings in each statement in Gap or evidence Nos. 1 through 3. Thus, the damages of this case shall be deducted from the damages of this case.

1) Of the Plaintiff’s medical expenses paid by the Intervenor, KRW 6,547,856 corresponding to the Plaintiff’s percentage of fault among KRW 32,739,280 ( = 32,739, 280 X 20%)

2) Non-life insurance premium 12,00,000 won paid by the Plaintiff’s Intervenor

3) The damages amounting to KRW 25,000,000 paid by the Defendant

(d) Condolence money;

The amount of consolation money shall be determined as 20,000,000 won in consideration of the details and results of the instant accident, the Plaintiff’s age, the parts and degree of injury, and all other circumstances shown in the pleadings of the instant case.

E. Sub-committee

Therefore, the defendant is obligated to pay to the plaintiff 11, 810, 532 won [[(163, 525, 829 won + 3, 830, 006 won + 1, 842, 150 won] X 80% + (6, 547, 856 won + 12,00,000 won + 20,000 won + 20,000,000,000 won] and damages for delay calculated annually from January 21, 2012, which is the date of the accident in this case to February 24, 2017, 5% of the total annual damages for delay as stipulated in the Civil Act.

4. Conclusion

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

Judges Kim Jong-sung