206 Ghana6074 Damages (i.e., one)

1. tin** (***************************))

2. Height** (***************************))

High*** (***************************))

Plaintiffs’ Address**** Dong***************** apartment******** Dong********** head.

Plaintiff *, high * as a minor respectively, and * as a legal representative’s mother.

[Defendant-Appellant] Plaintiff 1 and 3 others

* (************************))

****** the Gu** such*********** (***/*)

Service place***** in * side** in *** in ** in ** in *** in ****

*** (**************************))

***** the Gu** such*********** (***/*)

Attorney Lee -, this part of this case*

Attorney Kim Jae-soo*

3.***** Insurance Co., Ltd.*

****** the Gu*********************** the Mutual-Aid Association*** The Community.

Representative Director* *

Attorney Kim Jong-soo et al.*

Attorney Lee Jin-law*

January 9, 2008

February 12, 2008

1. The plaintiff tin** The defendant** paid 140, 046, 404 won, defendant Kim ** The defendant Lee * pay 91,92, 668 won among the above money of the defendant * the defendant * 5% per annum from July 7, 2006 to February 12, 2008, and 20% per annum from the next day to the day of full payment.

2. Plaintiffs **, Jin**, Defendant this** pays 86, 697, 602 won, Defendant Kim Kim ** respectively to Defendant this** 5,95, 112 won and each of the above money from July 7, 2006 to February 12, 2008, 5% per annum from the next day to the day of full payment, and 20% per annum to the day of full payment.

3. The plaintiffs' claims against defendant Kim** the remainder of the plaintiffs' claims against defendant Kim** defendant****** insurance corporation, respectively, is dismissed.

4. Of the costs of lawsuit, the part arising between the plaintiffs and the defendant* among them is borne by the above defendant, and the part arising between the plaintiff and the defendant Kim** by 10 minutes, that 3 is borne by the plaintiffs, the remainder by the above defendant, and the plaintiffs and the defendant*******. The part arising between the insurance company is borne by the plaintiffs.

5. Paragraphs 1 and 2 of this Article may be provisionally executed.

1. The plaintiff tin*, the defendant *, the defendant *, the defendant *, Kim * the defendant *, the defendant * each 140,046, 404 and the defendant b.

****** Insurance Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) is the defendant**, Kim**

140, 046, 404 won 48, 771, 420 out of 404 won and its final judgment, respectively, from July 7, 2006 to the rendering of this judgment.

5% per annum, 20% per annum from the following day to the date of full payment, and 2. Hah J.

***, high level**. Defendant *, this part of this case*, Kim**, each of whom is 86, 697, 600 won and, b. Defendant

Company **, Kim * and each of the above 86,697,60 Won 32,514,280 of the above 86,697,600 Won, and its replacement

from July 7, 2006 to the rendering of this judgment, 5% per annum, and 5% per annum from the next day to the day of full payment.

20. Judgment to pay 20% interest to each of them

1. Facts of recognition;

A. Defendant this** around 45 on July 7, 2006: around 23: 45, while under the influence of alcohol by 0.095% on blood alcohol, Defendant Kim** the game registered as the ownership of Defendant Kim********** * Si** * * * * * * * * * * * * * * * * * * * * * * * * 3-lane road in front of the restaurant from the high-speed bus terminal room ** 6-on the left side of the vehicle without permission from the right side of the road due to negligence, and * 6-on the left side of the vehicle due to the death of the deceased (hereinafter referred to as the "Death of this case") and the first part of the hospital of this case.

B. Plaintiff tin* The deceased is the deceased’s spouse, and Plaintiff *, Plaintiff *, Goh** As the deceased’s children, Plaintiff *, Goh*, Goh**, Goh***, Goh * 3: 2: 2: 2.

C. Defendant******* Insurance Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) is an insurance company that entered into a comprehensive automobile insurance contract, including a special agreement on non-insurance injury security with the content that the Defendant compensates for the damage as prescribed by the terms and conditions, when the insured died or died of an accident caused by an non-insurance motor vehicle (other than an insured motor vehicle, which was not joined in the automobile accident compensation II) from October 25, 2005 to October 25, 2006. The insured is an insurance company that entered into a comprehensive automobile accident insurance contract with the content that the Defendant compensates for the damage as stipulated in the terms and conditions.

[Grounds for Recognition: Facts without dispute, Gap evidence 6, Eul evidence 5-9 and 14, and the purport of the whole pleadings]

2. Defendant this* Claim against the Defendant

As the cause of the claim of the plaintiffs, the deceased died of KRW 324, 641, 610, and 00 due to the accident of this case, KRW 30,00, and KRW 60, and KRW 400. The deceased succeeded to the above claim of KRW 3/7,* 100, KRW 200, KRW 00, and KRW 20,000 for the accident of this case** 600, KRW 60, KRW 60, KRW 00, and KRW 600 for each of the above claims against the defendant* 60, KRW 60, KRW 00, KRW 60, KRW 00,** 600 for each of the above claims against the plaintiff** 60, KRW 60, KRW 200 for the damages of KRW 86,200 for the damages of the plaintiffs** 46,000 for the damages of KRW 46,000 for the insurance proceeds of this case*

A. According to the facts of recognition prior to the occurrence of liability for damages, Defendant Kim* as the operator of the instant motor vehicle* is obligated to compensate all damages suffered by the Plaintiffs due to the instant accident* and each of the instant accidents.

As to this, Defendant Kim** The instant motor vehicle was purchased by lending the name of the Defendant Kim * around January 2003, the Defendant Kim * the Defendant Kim * around January 2003, and thereafter the ownership was transferred to the Defendant*** through the Defendant Kim * through the Defendant. Defendant this*** as at the time of the instant accident because he was not aware of the fact, he was only the remaining condition of the name of the motor vehicle registration. As such, the instant motor vehicle was exempted from liability as an operator in connection with the instant accident.

In full view of the entries and arguments in the evidence Nos. 6-1, 2, 7, 8, 9-1 through 3, 10, 11, 14 through 16 of the evidence Nos. 6-1, 7, 7, 8, 9-1 through 3, 10 of the evidence Nos. 10, 11, 14, 16 of the evidence Nos. 14 and 16 of the automobile of this case, the automobile of this case was purchased by lending the above defendant's name Kim *** * *, 105, *, 2005, * * * 16,000,000 of the vehicle of this case after the filing of the lawsuit of this case, it cannot be readily concluded that the vehicle of this case caused the accident after purchasing and operating the automobile of this case from the person of this case.

B. Limitation on liability

However, the deceased, at night at the time of the instant accident, was found to have been involved in the accident while crossinging a place other than the crosswalk without permission and such mistake was caused by the occurrence of the instant accident and the expansion of damages. Thus, the scope of responsibility of Defendant Kim**** is limited to 70% of the total amount of liability, taking into account the various circumstances shown in the arguments, such as the location and current status of the instant accident (in the third-lane road on the third-lane road), the time of the occurrence, the time of occurrence, the deceased, and the defendant ***.

(c) The scope of liability for damages (1) lost earnings;

The monetary assessment value of the deceased’s ability to work due to the instant accident is KRW 27,249,127 on the basis of the facts of recognition and assessment as follows: Provided, That the interim interest calculated at the rate of 5/12 per month shall be deducted, and the period below the month and the amount below the won shall be included; hereinafter the same shall apply).

(1) Facts of recognition and details of evaluation.

· Personal data: The Deceased was a male who was born on July 27, 1959 and left for 46 years of age and 11 months of age at the time of the accident.

- Occupation and income: The deceased's activity from December 1997 to the time of the accident in this case is recognized. As such, in the basic statistical survey report on the wage structure in 2004, 4,058,383 won ( = monthly salary 2,816,553 won + annual special salary 14,901,965 won/12) as statistical income of male for at least 10 years of experience of culture and arts and broadcasting-related experts in the items of (i) career, number of years of experience, and number of hours of monthly salary and number of workers in each category of work among the categories of work in 2004.

[Grounds for Recognition: Evidence A 4-1 to 15, Evidence A 7-1 and 2-2, the testimony of the person who was the largest witness, the purport of the whole pleadings]

As to this, Defendant Kim*** asserts that the deceased's lost earnings should be calculated based on the urban daily wage of the ordinary part of the deceased. However, if reliable evidence of the amount of the victim's income is not submitted, it can be assessed by statistical income. In particular, in a case where the victim's income, who is an individual business owner, mainly depends on the labor of the individual business owner, has failed to make capital profits in the business and there is no evidence that should be measured the degree of contribution of the individual business owner, it can be calculated by the report on the basic statistical survey of the wage structure based on the estimated statistical income corresponding to the wages of the workers in the same career and occupation as the victim, so the above defendant's

(2) Deductions for living expenses: 1/3 (Grounds for recognition: the fact that no dispute exists).

③ Calculation: 324, 641, and 690 won ( = 4,058, 383 won x 9893 x 2/3 x 119 x 9893) (ii) funeral expenses from the time of the instant accident until the Deceased reaches 60 years of age: Defendant Kim*** 3,000,000 won (3) in terms of family relation, age, occupation, and economic situation of the Deceased and the plaintiffs, the background of the instant accident, the degree of negligence of the Deceased in the instant accident, and other various circumstances shown in the arguments, such as family relation, age, occupation, and economic situation of the Deceased, and the degree of negligence of the Deceased in the instant accident * * 20,00,000 won in each of the cases of the Deceased and the Plaintiff * * 10,000 won in each of the cases* * * 10,000,00 in each case).

(4) Fruits offset: 30% (5) inheritance: plaintiff tin** 3/7, plaintiff **, high *, high ** respectively ***************6, 266,290 won received from an insurance company.

[Grounds for recognition:*** as a result of fact-finding on an insurance company* as a result of fact-finding on an insurance company] (7) theory

Therefore, Defendant Kim** and each of the following facts are the obligation to pay 91,92, and 668 won to Plaintiff Lee * (324, 641, 690 won x 0.7 + 20,000 won - 86, 266, and 290 won - 3/7 + 3,000,000 won + 20,000,000 won + 20,000 won ; ② The obligation to pay 55,95, 112 won from the following day to 5,000 won to Plaintiff Lee Jong-won + (324,641, 690 won x 7.20,000 won x 00,000 won x 8.26,06,000 won x 20,000 won x 20,000 won x 7.26,000 won x 7.7) of this case.

4. Claim against the defendant company

A. The parties' assertion

As the cause of the claim in this case, the insured amount to be paid by the defendant company to the plaintiffs who are the inheritors of the deceased under the terms of the insurance contract is the amount calculated according to the calculation method of Motor Vehicle Comprehensive Compensation II within the limit of 200 million won. The deceased and the plaintiffs' damages calculated accordingly exceed 200 million won. As such, the defendant company asserted that the defendant company is liable to pay damages for delay to the plaintiff tin Sheet ( = (=200,000, - 86,200, - 86,200, - 3/7) x 3/7) x * * * * each * (22,514,285 won) = (20,00,000,000 - 86,200,000, 2000) x 2/70) and each of the above losses for delay.

B. The main contents of the payment criteria for death insurance under a special contract for indemnity against non-insurance accidents under the terms and conditions of the insurance contract concluded by the deceased and the defendant company are as follows.

[Ground of recognition: Gap evidence 8, 12, and Eul evidence 89-5] (1) Funeral expenses: 3,000,000 won (2) consolation money

(1) Where the deceased person himself/herself is under 20 years of age: Total amount of 45,00,000 won;

(2) Scope of claimant: Parents, spouse, children, brothers and sisters, dead parents, funerals and features of the victim.

(3) Criteria for payment by claimant: Spouse, 5,00,000, 3,000 per parent, 3,000,000 won per parent, 2,000 won per child.

(4) Condolence money of the deceased person: Loss of the deceased person's 45,00,00 won minus the sum of the above three paragraphs (3) (3).

(1) The method of calculation: The number of months available for employment (the number of years available for employment shall be 60 years old) from the actual monthly income of the deceased person after deducting his/her living expenses (the amount obtained by multiplying the average monthly income by 1/3) from his/her actual monthly income.

by means of multiplying the coefficient of the Ethnz corresponding to the

(2) Calculation method of actual income amount: applying the wages of daily employed workers to the business income earner who is not able to calculate the income pursuant to the related evidence under tax-related Acts (daily wage means the daily employed worker wage, the construction association of the Corporation, and the manufacturing division means the ordinary wage out of the wages investigated and published by the Federation of Small and Medium Enterprise Cooperatives); offsetting the amount calculated in accordance with the above payment criteria by offsetting the amount calculated in accordance with the above payment criteria by the ratio of fault of the injured party (in case of death, not with respect to funeral expenses): Compensation I (including liability deductions and government-guaranteed business) for a substitute under the Guarantee of Automobile Accident Compensation Act.

amount payable by such corporation.

(c) Calculation of insurance money;

The insurer of an accident insurance for non-life insurance by an insured motor vehicle does not take over any risk based on the actual amount of damage of the insured who is legally liable for damage, but takes over only the amount calculated according to the standard amount of insurance payment stipulated in the terms and conditions (see Supreme Court Decision 2001Da55284, Dec. 27, 2001). Thus, the insurance amount to be paid by the defendant company to the plaintiffs is limited only to the amount calculated according to the standard amount of insurance payment stipulated in the terms and conditions.

(1) Funeral expenses: 3,00,000 won (2): Total 45,000,000 won (3) lost income.

Pursuant to the above standard for the payment of insurance proceeds under the terms and conditions as seen above, the total amount calculated at the present price at the time of the accident is calculated based on the following facts and evaluation.

(1) Facts of recognition and details of evaluation.

· Personal data: The Deceased was a male who was born on July 27, 1959 and left for 46 years of age and 11 months of age at the time of the accident.

- Occupational and Income: The deceased has been working as a photographer from around 1997 to the time of the instant accident, as seen earlier, but there is no evidence to view that there is "a related evidence under the tax law under the terms and conditions that can prove the deceased's income." Thus, there is no evidence to view that there is "a related evidence under the tax law."

The ordinary wage shall be recognized as its income, and the amount of that wage shall be 47,497 won [ = (38,172 won + 56,82 won)/2], the average amount of the daily wage in the manufacturing sector and the construction sector after the date of the occurrence of the accident in this case.

[The plaintiffs can recognize the wages of those who have difficulty in proving real income under the terms and conditions as the income of those who are engaged in technical work among those who are not able to verify real income, which have been investigated in the period of approval for the compilation of statistics in accordance with the Statistics Act. The deceased, as a photographer, is a description of the series of class 'luminous and electronic

As the above technical worker falls under the above technical worker, ① the monthly average income 4,058, 832 won or ② the special additional wage on the unit price table of city medium wage can be applied to 72,914 won or more of a male culture and art expert who has been employed in the year 2004 basic statistical survey report prepared by the Ministry of Labor.

However, according to the statement in Eul evidence 89, if there is no relation evidence under the tax law, it can be acknowledged that the Corporation and the Korea Construction Association, the manufacturing sector, and the Korea Construction Association, the Small and Medium Enterprise Cooperative Federation under Article 3 of the Statistics Act, are defined as an example. (See Supreme Court Decision 2001Da55284 delivered on December 27, 2001). Since the Ministry of Labor does not fall under the statistical compilation approval authority stipulated in the terms and conditions, the report on the basic statistical survey of the above wage structure asserted by the plaintiffs cannot be the basis for calculating the actual income of the deceased. (2) According to the occupational classification search published by the Statistics Korea, considering that the photograph, such as the deceased, is classified as a cultural and art sports expert, it cannot be accepted, the plaintiffs' assertion that the terms and conditions refer to the deceased's technical worker cannot be accepted.

(2) Deductions of living expenses: 1/3 of income.

(3) The number of months available for employment: 156 months until the age of 60.

(4) Monthly working days: The 22th day of each month, which is the monthly working days of urban daily workers in light of the empirical rule, unless otherwise stipulated in the terms and conditions.

(5) Calculation: 79,426,756 won ( = 47,497 won x 22 days x 0169 x 2/3) comparative negligence: 30% (5) : 100,000,000 won (the amount of damages recognized for the Deceased exceeds KRW 100,000,000,000, which is the limit of liability insurance money) that can be paid as liability insurance money under the mutual-aid government guarantee project; 79,426,756 won ( = 47,497 won x 22 days x 014.09 x 2/3) : The Plaintiffs may be paid as liability insurance money. Accordingly, the Plaintiffs’ claim that the amount of damages actually received should be deducted from the amount of liability insurance money, but cannot be accepted as it clearly violates the provisions of the terms and conditions.

According to the above facts, insurance money calculated according to the standard for payment of standard contract = Funeral expenses 3,00,000,000 + (35,000,000 + (39,426,756 won + lost income 79,426, 756 won) x 7 October 7, 200, since insurance money calculated according to the standard for payment of standard contract was fully deducted by KRW 100,00,000,00,000, which the plaintiffs can receive due to the instant accident, the defendant company does not pay to the plaintiffs as insurance money.

5. Conclusion

If so, the plaintiffs' claims against the defendant** and defendant Kim * * * on the grounds of the reasons, and the remaining claims against the defendant Kim** on the defendant Kim * on the grounds of the reasons, and all of the claims against the defendant company are dismissed.

Judges Noh Ho-ho