2020 Ghana 207010 damages (ar)

1. The name of the plaintiff;

Since the legal representative is a minor, the Deputy Register of Persons with Parental Authority and the Yelwon

Matern (name of a mother)

2. The name of the original register;

1. Judgment of the court below

3. Yellow mother;

Ulsan District Court Decision 200

1. The name of the defendant;

Since the legal representative is a minor, the father of a person with parental authority Kim Pl (one name), and the transmission thereof.

Matern (name of a mother)

2. The Kim Paun;

3. Favour;

Defendants’ Address Ulsan District:

November 25, 2020

December 23, 2020

1. The Defendants jointly pay to the Plaintiff amounting to KRW 1,055,458, KRW 1,058, KRW 458, KRW 1,351,828, and KRW 5% per annum from March 28, 2020 to December 23, 2020, and KRW 12% per annum from the next day to the date of full payment.

2. The plaintiffs' remaining claims against the defendants are all dismissed.

3. Two-minutes of litigation costs are assessed against the plaintiffs, and the remainder is assessed against the defendants.

4. Paragraph 1 can be provisionally executed.

The Defendants jointly pay to the Plaintiffs 10 million won and a copy of the complaint with 12% interest per annum from the next day after the day of complete payment to the day of complete payment (In light of the cause of claim and comparison, the Plaintiffs seek to pay 3.1 million won per annum for each of the Plaintiffs, 3.1 million won per annum, 3.6 million won per annum, and 3.3 million won per annum for each of the Plaintiffs as principal.)

1. Liability and limitation for damages;

A. According to the evidence, the defendant Kim Jong-soo was found to be the parent of the defendant Kim Jong-gun at around 14:00 on August 20, 2019, when the plaintiff was demoted at the ○○ Middle School 2nd grade 2nd grade in Ulsan-gun, Ulsan-gun, which became a part of the plaintiff's face, and took part of the plaintiff's face, and took part of the plaintiff's face, and taken part in the 3rd grade 2nd grade 2nd grade in drinking (hereinafter referred to as "accident in this case"), the plaintiff's lecture, the plaintiff's lecture, and the yellow mother was the plaintiff's parent, the defendant Kim Jong-k, and the defendant Kim Jong-dong.

In light of the factual basis, Defendant Kim Jong-soo committed an act of assaulting the said Plaintiff directly, and the remaining Defendants, as their supervisor, have been negligent in neglecting their duty to educate the Defendant of Pyeongtaek Kim in good school life, such as bringing him in friendship with his school.

As a joint tortfeasor, the Defendants are liable to compensate the damages suffered by the Plaintiffs due to the instant accident.

나. 한편, 증거에 의하면 이 사건 사고 당시 원고 강원고와 피고 김피고는 책이 물에 젖은 것을 두고 서로 시비하다가 위 원고가 위 피고에게 침을 뱉자 위 피고가 위 원고에게 물을 뿌렸고, 위 원고가 다시 이에 대항하여 오른발로 위 피고의 허리부분을 한 대 찼으며, 이에 위 피고가 화가나 위 원고의 얼굴 부위를 가격한 사실이 인정된다. 사정이 이러하다면 위 원고의 위와 같은 행위도 이 사건 사고 발생의 한 원인이 되었다. 할 것이므로 피고들의 책임을 50%로 제한한다.

2. Scope of damages.

A. The amount claimed by the plaintiffs

- Plaintiff Gangseo-gu 3.1 million won [the treatment fees of KRW 1,11,250 (=3,333,750 won/3) + 2 million won of consolation money: (a) as claimed by the Plaintiffs; hereinafter the same shall apply in this paragraph];

- The plaintiff's lecture charge of KRW 3.6 million [the plaintiff's lecture charge of KRW 1,11,250 (=3,33,750 won/3) + lost income of KRW 1,575,000 + 1 million consolation money]

- The plaintiff Yellow Furgian 3.3 million won [the medical expenses of KRW 1,11,250 (=3,33,750 won/3) + the lost income of KRW 1,235,00 + the consolation money of KRW 1,000 +

(b) the amount recognized;

1) Medical expenses

- The amount recognized as the plaintiffs: 3,332,750 won (=95,500 won + 178,000 won + 3,059,250 won) lost profit

During the period of being hospitalized for seven days by the Plaintiff Gangwon-gu

The Plaintiff Yellow Mo is recognized as having received daily wage of KRW 105,000 on the 25th day of each month while engaging in daily labor. Therefore, the lost profit under the said Plaintiff’s opening is KRW 592,741 (i.e., KRW 105,00 x 7x 25/31, and KRW 25/31, hereinafter the same shall apply).

Although the plaintiff Hwang Won-won asserted that it was easy for the plaintiff to work for one month after the above hospitalization period, considering the part or degree of the plaintiff's injury, it is difficult to find a proximate causal relation with the accident of this case. Furthermore, the part exceeding the above recognition scope in light of the plaintiff's part or degree of injury, etc. Furthermore, the plaintiff's lecture register also claims the daily profit under the opening, but considering the degree of injury and injury of the plaintiff Kang Won-won, the plaintiff's opening of the above lecture register is sufficient to be the name of the plaintiff Hwang Won-won, and even if the plaintiff participated in the opening, the damage cannot be recognized as a proximate causal relation with the accident of this case. The above plaintiffs' assertion about this is without merit.

3) Limitation of liability

치료비 3,332,750원 x 0.5 = 1,666,375원 : 원고들 각 555,458원(= 1,666,375 | 3)

Plaintiff Yellow Flug Flug Women's lost profit 592,741 won x0.5 = 296,370 won

4) Consolation money

- Taking into account all the circumstances shown in the arguments, such as vision and degree of injury;

- The conclusion is based on the Plaintiff’s Gangwon-gu KRW 1 million, KRW 500,00 for the Plaintiff’s Gangwon-gu, KRW 500,000 for the Plaintiff’s Gangwon-gu.

Plaintiff Gangseo-gu 1,55,458 won ( medical expenses + KRW 555,458 + KRW 1 million) (i.e., medical expenses + KRW 55,458 + KRW 555,458 + KRW 500,000) Plaintiff Yellow Women 1,351,828 (i.e., medical expenses + KRW 555,458 + KRW 296,370 + KRW 500)

Judges Young-gu