(영문) 제주지방법원 2017.10.18 2017나650 | 리걸엔진

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(영문) 제주지방법원 2017.10.18 2017나650

손해배상(기)

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1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order shall be revoked.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except in the following cases. Thus, this is accepted by the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] The part of the judgment of the court of first instance, "Article 3. 3. Restrictions on Liability for Damage", shall be followed as follows.

3. It is difficult to deny that the most direct cause of the death caused by the deceased’s death was that the deceased himself/herself dices much alcohol to the extent that he/she cannot take away.

However, even in the case of the Defendant, as the president of the Egypt Federation, who led members, including the deceased, and participated in the Egypt Games, he breached his duty of care as a leader to take relief measures against the deceased as seen earlier. If the Defendant left the deceased in the state of being taken care of his room at the time, left the room alone, and took an early appropriate emergency measure, instead of taking action, it may be possible to avoid the result of the deceased’s death. Therefore, it is difficult to view that the Defendant’s above care measures are liable for having contributed to the death of the deceased.

In addition to these circumstances, the Defendant’s liability is limited to 15%, taking into account all the circumstances, including the background of the occurrence of the instant accident and the follow-up measures.

In the judgment of the court of first instance, "the scope of damages for Section 4. (c)" or "paragraph (c)" or "the scope of damages for Section 4. shall be as follows:

(c) Limitation on liability (actual earnings 281,989,282 won, retirement allowances 105,241,405 won), ¡¿ 15% of the defendant's liability ratio = 58,084,603 won (turf less than the won; hereinafter the same shall apply);

D. The consolation money of the deceased shall be set at KRW 3,00,000, the consolation money of the plaintiff A shall be set at KRW 1,000,000, and the consolation money of the plaintiff B and C shall be set at KRW 500,000, respectively, in consideration of the plaintiffs' age, family relations, the deceased's ratio of negligence, and the developments and consequences of the instant accident.

E. 1) Inheritance amount of KRW 61,084,603 (=property of the deceased)

참조조문

-민사소송법 제420조

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