[1] The content of the duties of care and the responsibility for the violation of the duties of care to the female officers under the loan agreement

[2] In a case where a fire occurred due to the customer's negligence and the customer died, the case holding that 60% of the negligence is set off against the customer, while recognizing the manager's liability for damages for breach of the incidental duty to protect the customer's safety while the customer is informed of the fact

[1] An inn's lodging contract is a kind of lease agreement that allows the other party to temporarily use the guest room for consideration. Unlike ordinary housing lease premised on long-term use, all control over the guest room, related facilities, and space of the inn's house is solely conducted by the inn manager, and the customer is trusted that the inn manager will take necessary measures for the safety of the customers in his/her house and is invested in the inn. Thus, the inn manager has an incidental duty to protect the customer in addition to the main obligation to provide the guest room, so that the customer can safely use the guest room while the customer is familiar with the above incidental obligation. If the inn manager violated the above incidental obligation against the customer, the performance is not in accordance with the content of the obligation, and thus, it is ultimately not in accordance with so-called non-performance, and thus, the customer is liable for damages to the customer.

[2] In a case where a fire occurred due to the negligence of the guests and the guests died, the case holding that a female manager is liable for damages for failure to perform his/her duty of care to protect the guests, and that a comparative negligence of 60% for the guests was set off

[1] Articles 390 and 623 of the Civil Act / [2] Articles 390 and 623 of the Civil Act

[1] [2] Supreme Court Decision 96Da47302 delivered on October 10, 1997 (Gong1997Ha, 3406)

Maximum Pest Pest and seven others (Law Firm New Korea General Law Office, Attorneys Kim-making et al., Counsel for the plaintiff-appellant)

[Judgment of the court below]

1. The defendant shall pay to the plaintiff Choi-hee the amount of 50,725,517 won, 31,283,678 won, 13,002,637 won, 12,202,637 won, 12,202,637 won per annum from October 29, 1996 to March 11, 1999, 5% per annum from the next day to March 11, 199, and 25% per annum from the next day to the date of full payment.

2. Each of the plaintiffs' remaining claims is dismissed.

3. The costs of the lawsuit are five-minutes and two are assessed against the defendant, and the remainder are assessed against the plaintiffs.

4. Paragraph 1 can be provisionally executed.

The defendant held that the defendant shall pay to the plaintiff Choi-hee the amount of 126,42,845 won, 78,795,230 won, 31,121,89 won, 299 won, 29, 31,21,89 won, 29, 29,000 won, 29,000 won, and 5% per annum from October 29, 1996 to the date of the pronouncement of this case, and 25% per annum from the next day to the date of full payment.

1. Recognized basic facts;

Nonparty 2, at around 21:00 on October 29, 1996, the e-mail and e-mail e-mail e-mail e-mail 303, the Defendant’s e-mail e-mail e-mail e-mail 307-dong 307, a e-mail e-mail e-mail e-mail e-mail e-mail 303, but at around 22:00 on the same day, the fact that the e-mail and e-mail were put into the e-mail and e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail e-mail.

2. Occurrence of liability for damages;

A. The parties' assertion

As the cause of the instant claim, the Defendant asserts that the Defendant is liable for damages suffered by the deceased and their bereaved families, because he neglected to perform his duties under the lodging contract, which shall protect the safety of the guests as an accommodation business operator, and caused the said accidents. However, the Defendant asserts that the instant fire was caused by the negligence of the deceased, who is entirely a guest, and that the Defendant was not negligent as the accommodation business operator in respect of the instant accident.

(b) Markets:

In general, it is a kind of lease agreement that allows a female guest room to be temporarily used by the other party for consideration. Unlike the ordinary housing lease premised on a long-term use, in a lodging contract, all the control over a female guest room, related facilities, and space is solely performed by a female manager, and the customer trusts that he/she will take necessary measures for the safety of the customer in the administration and is invested in the inn. Thus, in addition, the female manager has an incidental duty to protect the customer in addition to the main obligation to provide the guest room to the customer, so that the customer can safely use the guest room while he/she is familiar with the above incidental obligation to the customer. In addition, if the female manager violated the above incidental obligation to the customer, the performance is not in accordance with the content of the obligation, and it is ultimately a breach of the obligation to provide the customer's original contractual obligation, and thus, the customer is liable for damages to the customer.

Therefore, we examine whether the Defendant fulfilled the above duty to protect the deceased as a female manager.

If Gap evidence 2, Gap evidence 3, Gap evidence 11, 13, Gap evidence 14, and Gap evidence 16-1 through 47 show the whole purport of the pleading, it can be acknowledged that the following facts are acknowledged, and there is no reflective evidence:

(1) The fire of this case, on the line flag installed in the above guest room, she saw the two horses and water, etc., which the above deceased brupted to the front part of the day of the wind, and has been spreaded by the heating of the wind flag boomer due to the disorder of the function of the circuit, and the deceased brupted to the poisonous gas caused by the transfer to the brupt and contact, etc. adjacent to the wind brupt.

(2) Around 21:45 on the same day, Nonparty 1, a manager of the said female house, went to a parking lot, and around 10 minutes after entering the said 10-year scambling cambling, etc., contact was made to change the 306th floor and 308 of the said female house, which became the first floor cambing on the 3th floor for the change of the type light. The said cambing on the 3rd floor, which was the first floor of the 3rd floor, was a fire alarm while the entire 3th floor was set, and the cambing on the hallway, opened the hallway, sent the first floor to the 1st floor, and instructed Nonparty 1, who was in the cambed in the camb at the time, to take contact to the Defendant. At the same time, Nonparty 2 again discovered that the cambing on the 3rd floor was lower than that of the 3rd floor.

(3) The above private detention, with the entrance door of the 303 room having an emergency heat from a year, was carried out by the Defendant and the Defendant, who arrived at the 303 room, to enter the entrance door, and the said string iron and the string iron, which were used for opening the entrance door. According to the statements of the 119 fire fighters, the fire fighters were dispatched around 22:14 on the same day (on the same day and arrived at the entrance after approximately 1 minutes), but after being sent to the emergency room, they died at the place after being sent to the hospital.

(4) The instant fire caused a smoke accompanied by toxic gas, and the guest rooms other than 303 rooms were not spreaded. In addition, within the 303 room, only some of the efinites, efinites, windings, and the wall walls connected by the electrical contact center were carried out, and the rest of the fire and other goods in the ceiling and the guest rooms were rarely burned.

(5) As a building of the first floor and the third floor above, there are 11 guest rooms on the third floor above the ground. On the day of the accident, the said guest rooms were accommodated in five rooms including 301, 303, 306, 308, and 309 among the above guest rooms. At the time, the customers, who were accommodated in No. 306 and 308, were 303, and the total number of the three floors was laid down due to the fire in No. 303, but this fact was found to have been found to have been abnormal in the electric field of the light light, and the replacement of the light at the first floor was demanded.

(6) The ceiling of the above 303 room was installed only as a fire-saving facility, and was installed only as a corridor. The said ceiling was installed only in a corridor.

According to the above facts, the fire of this case was caused by the care of the above deceased in the process that the above deceased was laid down on their front door, but once, the first measure that the female manager should have discovered the fire is the most important thing to promptly inform the customers in the above guest room of the fire. In particular, the detention of the above fire is the three floors, the fire alarm system is sound, and the hallways were able to be dried up, and the hallways were dried up to the 1st floor after the combustion. In light of the above facts, it was installed at the time of the fire, and the first measure that the above fire occurred, such as the removal of the fire, the first measure that the female manager should have discovered the fire, and the first measure that the fire occurred after the removal of the 3th floor, and the first measure that the fire occurred, such as the removal of the fire, such as the removal of the fire, was installed at the time of the fire to the extent that the fire occurred, as seen in the above situation.

Thus, it is determined that the defendant was negligent in failing to perform his duty of care to protect the guests in the process of rescue after fire. Thus, the defendant is liable to compensate the above deceased and their bereaved family members for the damages caused by the fire as a manager of a female house administered by the above deceased.

C. Limitation on liability

On the other hand, according to the above facts, the above deceased, who was accommodated in the above 303 room, was locked with their strings and drys, etc. on the strings kept in the above guest room, and the fire of this case, the above strings and drys, etc., went into the strings of the strings, and the strings were overheated, and the fire of this case occurred. Such negligence of the deceased not only directly caused the fire of this case, but also caused the result of death, but also provided the cause of the death. This does not amount to the extent that the defendant is exempted from liability for damages, and thus, it shall be considered in calculating the amount of damages to be compensated by the defendant, but it is reasonable to view that such ratio exceeds 60% in light of the above facts.

3. Scope of damages.

A. The amount of damages caused by the death of the above gambling iron

(1) Actual income

The above deceased's net income equivalent to the monetary total appraised value of the capacity to operate as a result of the instant accident is 216,735,345 won calculated at the present price at the time of the instant accident, based on the facts and assessment as follows: (a) based on the facts and assessment as follows: (b) the intermediary interest is deducted at the rate of 5 percent per month; and (b) the amount calculated at the rate of 5 percent per month as follows.

(A) Facts and evaluation of the recognition;

* Gender separately: South Korea

Date of birth: August 20, 1966

Colonel: South years of age 30 at the time of an accident;

Name of rental: 41.5

* Occupational Experience: The deceased was working in the non-party interest industry corporation from April 19, 1993 and was working in the business division at the time of the accident.

* Age and maximum working age: The deceased’s retirement age in the above company is the following day after he reaches 55 years of age. From the following day, the deceased may engage in daily work until August 20, 2026 on which he/she reaches 60 years of age and obtain income equivalent to his/her wages.

* Monetary assessment of operational capacity

Until the retirement age - the deceased received 14,280,00 won in total as earned income from January 1, 1996 to September of the same year, and according to a rise in the future, the deceased is expected to increase the income. Therefore, at least 1,586,666 won (gold 14,280,000 won ±9) calculated monthly wage from January 1, 1996 to September of the same year may receive monthly wage (the plaintiff is seeking based on earned income from January 1, 1996 to September of the same year).

Until the maximum working age after retirement age: It is reasonable to view that the amount equivalent to monthly wage of 742,610 won (gold 33,755 won x 22 days) based on the unit price of daily wage of 33,755 won as of September 9, 198 of the result of the investigation of construction wages conducted by the Korea Construction Association in 1998.

* Living cost: 1/3 (No dispute exists) of revenues.

[Certificate] Evidence Nos. 1, 4, 5-1, 2, 6-1, 2, 3, 17-1, 2, 19-2, 19-1, 2-2, 19-2, and 5-1, 5-2, and 5-1, 5-2

(b)period and calculation (for the convenience of calculation less than an intermediate period shall be counted in a period less than the income, and less than the last month and less than KRW 1 shall be discarded; hereinafter the same shall apply).

(1) Between the period: From October 29, 1996 to August 21, 2021 (the remaining 24 years)

Mountain village: 1,586,66 won ¡¿ 2/3 ¡¿ 193.09 = gold 204,161,497 won.

(2) Between the end of the period: From August 22, 2021 to August 20, 2026 (the remainder of September 29)

Mountain village: gold 742,610 won ¡¿ 2/3 】 (218.4080-193.09) = gold 12,573,922

(3) Partnership: ① £« ② 216,735,419 won

However, as requested by the Plaintiff, gold 216,735,345 won shall be 216,735,345.

(2) A daily retirement allowance;

(A) Basic facts

*Membership Day: April 19, 1993

* The scheduled retirement date and continuous service period under the retirement age: the remaining 28th anniversary of August 21, 2021

* The retirement date and the continuous service period due to the instant accident: the remaining three years and six months from October 29, 1996

* The basis and calculation method of retirement pay: the company has paid the average wage for one month in the year of continuous service as retirement allowance in accordance with the Labor Standards Act.

* The amount of monthly remuneration shall be based on the average wage at the time of retirement, but there is no assertion or proof on it, and thus, 1,586,666 won per day of the above month shall be based on the calculation of retirement allowances.

* Retirement pay for the calculation of an accident: 1,586,66 won for monthly salary ¡¿ 3.5 years (from April 19, 1993 to October 29, 1996) = 5,53,331 won for monthly salary.

[Evidence] The whole purport of Gap evidence Nos. 5-1, 2, 6-1, 2, 3, and 7, and the whole purport of oral argument

(b) mountain.

* Expected retirement allowances at the time of retirement

gold 1,586,66 won 】 (28+4/12) = 44,95,536 won

* At the time of the accident of retirement allowances expected at the time of retirement.

gold 44,955,536 won x 0.4460 won x 20,050 won x 169 won x 20,050 won x 298 months from the accident to the retirement.

* Retirement Allowance Deduction in the calculation of an accident

gold 20,050,169 - Gold 5,53,31 won = gold 14,496,838 won

(3) Funeral expenses

* Amount: gold 2,00,000 won (no dispute)

* In the case of the plaintiff the lowest accommodation

(4) Limitation of liability

(A) The defendant's ratio of liability: 40% (see the above 2.C.).

(b) mountain.

The deceased (216,735,345 won in lost earnings + 14,496,838 won in lost retirement allowances) ¡¿ 0.4 = gold 92,492,873 won.

Plaintiff Choi Pung-hee: Funeral expenses of the deceased 2,00,000 won x 0.4 = 800,000 won

(5) Consolation money

(A) Reasons for consideration: Ghana, family relations, property and educational degree, the background of the accident, the defendant's ratio of liability, and other various circumstances shown in the argument in the present case.

(b) the amount determined;

Deceased: 10,000,000 won

Plaintiff Choi-hee: 6,000,000 won

Plaintiff Park Young-young, Park Young-young: each gold 2,00,000 won

(6) Inheritance relations

(a) Inherited property: KRW 102,492,873 (property damage amounting to KRW 92,492,873 + 10,000,000 for consolation money of the deceased)

(b) Property successors, and inheritance ratio.

Plaintiff Choi-hee: 3/7

Plaintiff Park Young-young and Park Young-young: 2/7

(C) Calculation of inheritance amount

Plaintiff Choi Pung-hee: 102,492,873 won x 3/7 = 43,925,517 won

Plaintiff Park Young-young and Park Young-young: gold 102,492,873 won x 2/7 = gold 29,283,678 won

(7) Sub-committee

Therefore, the defendant is obligated to pay to the plaintiff Choi-hee 50,725,517 won (property 43,925,517 won + funeral expenses + funeral expenses of KRW 800,00,000 + funeral expenses of KRW 600,000) and 31,283,678 won (property 29,283,678 + 2,000,000 won + 2,000 won per annum) and damages for delay from October 29, 196 to March 11, 1999, which is the date of the judgment of this case.

B. Damages caused by the death of the scrap metal

(1) Actual income

The above deceased's actual income equivalent to the monetary total appraised value of the capacity to operate as a result of the instant accident is 102,532,964 won calculated at the present price at the time of the instant accident, based on the facts and assessment as follows, based on the recognition and assessment as follows: (a) the interim interest is deducted at the rate of 5 percent per month, as follows:

(A) Facts and evaluation of the recognition;

* Gender separately: South Korea

Date of birth: February 18, 1964

Annual Order: 32 years of age and eight months of age at the time of an accident;

Name of rental: 39.64

* Occupational Experience: At the time of the accident, the deceased was working as a daily worker in the said interest industry corporation.

* The maximum working age is the same until the deceased reaches 60 years of age.

* Monetary assessment of operational capacity

It is reasonable to view that the following income can be obtained if the unit wage rate of an ordinary worker per day is applied according to the results of the survey on the actual status of construction works conducted in 197 and 1998.

From the date of accident to April 30, 1998: 768,834 won (gold 34,947 won x 22 days) of monthly salary based on the unit price of the current wage 34,947 won as of September 196

- From the following day to August 31, 1998: 748,176 won (gold 34,008 won x 22 days) of monthly salary based on the unit price of the current wage of 34,008 won as of May 5, 1998

- The maximum working age from the following day to the maximum working age: 742,610 won (gold 33,755 won x 22 days) of monthly salary based on the unit wage 33,755 won as of September 198

* Living cost: 1/3 (No dispute exists) of revenues.

[Evidence] Evidence No. 9, Evidence No. 10, Evidence No. 17-1, 2, Evidence No. 18-1, 2, and 19-1, and 2 of Evidence No. 19-2, and the whole purport of oral argument

(b)period and calculation;

(1) Between the press: From October 29, 1996 to April 30, 1998 (within one year and six months)

Gyeyangsan: Geum 768,834 won x 2/3 x 17.321 = Geum 8,878,546 won

(2) Between the press: From May 1, 1998 to August 31, 1998 (four months)

Mountain village: gold 748,176 won ¡¿ 2/3 ¡¿ 21.074-17.321) = gold 1,838,168 won.

(3) Between the press: From September 1, 1998 to February 18, 2024 (the remaining 6 months)

Mountain village: gold 742,610 won ¡¿ 2/3 】 (206.4673-21.074) = gold 91,816,250 won.

(4) Consolidated: ① + ② ＋ gold 102,532,964 won

(2) Funeral expenses

* Amount of gold: gold 2,000,000 won (no dispute)

* Disbursement: Plaintiff’s transfer money

(3) Limitation of liability

* The Defendant’s ratio of liability: 40% (see the above 2.c.).

* Total san

The deceased above: 102,532,964 won in lost earnings x 0.4 = 41,013,185 won in lost earnings.

Plaintiff Lee Gon: Funeral expenses of the deceased 2,000,000 won x 0.4 = 800,000 won

(4) Consolation money

(A) Reasons for consideration: Ghana, family relations, property and educational degree, the background of the accident, the defendant's ratio of liability, and other various circumstances shown in the argument in the present case.

(b) the amount determined;

Deceased: 10,000,000 won

Plaintiff Lee Jae-chul, Lee Dong-chul, Lee Dong-chul, Lee Dong-young, Lee Dong-in: 2,00,000 each contribution

(5) Inheritance relations

* Inherited property: 51,013,185 won (property damage 41,013,185 won + 10,000,000 won of consolation money of the deceased)

* Property heir, inheritance ratio

Plaintiff Lee Jae-chul, Lee Pon, Lee Pon, Lee Pon, Lee Pon, Lee Dong-in: 1/5, respectively.

* Calculation of Inheritance Amount

The above plaintiffs: 10,202,637 won = 51,013,185 won x 1/5

(6) Sub-committee

Therefore, the defendant is obligated to pay to the plaintiff Lee Jae-in money 13,02,637 won (10,202,637 won + funeral expenses 800,000 won + funeral expenses 2,00,000 won) and 12,202,637 won (10,202,637 won + 2,000 won per annum from October 29, 1996, which is the date of the accident to March 11, 1999, with 5% per annum under the Civil Act and 25% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

4. Conclusion

Therefore, the plaintiffs' claims of this case are justified within the scope of the above recognition, and each of the remaining claims is dismissed as it is without merit. It is so decided as per Disposition by applying Articles 89, 92, and 93 of the Civil Procedure Act to the burden of litigation costs, and Article 199 of the provisional execution declaration.

Judges Hak Tae-ho (Presiding Judge)