205 Ghana 41012 damages (as such)

1. ○○○ (0000-0000)

Attorney Lee Do-young

Legal representative, shotum, Matern○○

2. Maternate (0000-0000)

3. Land00 (0000-0000).

4. △△ (00000-0000)

Omission of Plaintiffs’ Address

Plaintiff 1 and 4 are minors, and their legal representatives are dump dump, dump.

○ ○

[Defendant-Appellant]

1. ○○ Foundation;

Address omitted

Representative Director ○○○

2. ○○ Insurance Company

Address omitted

Representative Director 00

[Defendant-Appellant] ○○, ○○○○○

[Judgment of the court below]

oly 26, 2006

May 24, 2006

1. The Defendants shall pay 33,039,504 won to each of the plaintiffs 00, 500 won to each of them, 50,000 won per annum from July 7, 2003 to May 24, 2006, and 20% per annum from the next day to the date of full payment.

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

3. Of the litigation costs, 30% is assessed against the Plaintiffs, and the remainder is assessed against the Defendants.

4. Paragraph 1 can be provisionally executed.

The defendants jointly and severally paid 49,969,029 won to ○○○○, Plaintiff 00 won per annum, 5,000,000 won per annum from July 7, 2003 to the service date of a duplicate of the complaint of this case, and 20% per annum from the next day to the full payment date.

1. Basic facts

(a) The relationship between the parties;

(1) The Plaintiff’s changed ○○○ high school located in the Busan ○○○○○-dong located in ○○○○○○○-dong, and the Plaintiff’s changed son, the Plaintiff’s changed son, the Plaintiff’s parent of the Plaintiff’s changed ○○○-dong, and the Plaintiff’s changed ○○-dong, the Plaintiff’s 00 foundation (hereinafter the Defendant foundation) is a juristic person operating the “Juvenile Training Center”, which is a youth training facility located in 00:00 p.m. at 00:00, and the Defendant 00 insurance company (hereinafter the Defendant company) mainly aims at fire insurance, marine insurance, special type insurance, etc.

(b) Occurrence of an accident;

(1) On July 7, 2003, when the Plaintiff was enrolled in the first year of ○○ High School, the Plaintiff ○○○ entered the Defendant Foundation’s ○○ Training Center, along with the students of the above school, to participate in the 1st day of the 2nd day of the said school, in the 2nd day of the said school.

(2) On the same day, the said Plaintiff was instructed from the school hall belonging to the ○○ Training Center (instructor) around 13:20 on the same day that he/she was appointed as the head of the room and moved into the gymnasium immediately after being appointed as the head of the room to make a report to the last stairs of the corridor.

(3) After completion of the personnel identification, the above Plaintiff: (a) had 10 students, who were installed at the last place of the corridor among the Do where the school physician was able to listen to the voice of the school; and (b) had been faced with each other; (c) the school officer issued a re-report on the grounds that his mental condition was not disturbed; and (d) the said Plaintiff went to his own room together with other gates, and again went to the end of the corridor more than three times; (c) while the hallway was repeated on three occasions during the end of the corridor, the Plaintiff was faced with other students and was faced with the other students to suffer injury, such as the right-hand slot, the aftermath, the right-hand sle, and rupture, etc. (hereinafter referred to as the “accident”).

(c) Current status of a place where accidents occur;

The corridor in which the accident in this case occurred (hereinafter referred to as "T") is a type structure of "T", and the point beyond the plaintiff's side ○○○○ is about 1.58 meters wide, and the middle of the corridor, and there is a concern that ten students in the middle of the corridor may face with the end of the corridor in case of 10 students in the middle of the corridor at once.

(d) Conclusion of insurance contracts;

The Defendant Company entered into a comprehensive insurance contract with the Korea Youth Training Facilities Association with the content that the Defendant Foundation compensates a third party for all the damages that the Defendant Foundation shall compensate for due to an unexpected accident that occurred in the course of performing the duties according to the use of the ○○ Training Center facilities and its facilities, during the period including the date of the said accident with the maximum compensation amount of KRW 80,000 per person.

[Ground of recognition] The fact that there is no dispute, Gap's 3, 6, 7, Eul's 3 and 4 (including additional numbers), the witness's testimony and the purport of whole pleadings

2. Occurrence of liability for damages;

A. Grounds for liability

According to the above facts, when considering the structure and width of the corridor of this case, it can be sufficiently predicted that the number of students, who are ten rooms, were called at a time to move within a short time, and the occurrence of the accident caused by the injury is possible, so even though the school personnel belonging to the defendant foundation had a duty of care to prevent such accident, even though the school personnel belonging to the defendant foundation had a duty of care to prevent such accident, the accident of this case occurred due to the mistake that caused students, including the plaintiff's change ○○, to occupy the above corridor at the same time for the prompt and rapid report of personnel, the defendant foundation is liable for the tort caused by the negligence of the instructor, who is an employee belonging to the defendant foundation, and the defendant company is the insurer of the defendant foundation, and is liable to compensate the damage

B. Limitation on liability

According to the above evidence, the plaintiff's ○○○ was a senior student of a high school at the time of the accident in this case, and was able to anticipate the conflict with other students in moving the above corridor for the purpose of the call, considering the structure and width of the corridor in this case, the above corridor was affected by the accident in this case without sufficiently examining the situation of other students' movement. The above error of the plaintiff was caused by the accident in this case. However, it is not sufficient to limit the defendants' liability ratio in consideration of the degree of exemption from the defendants' responsibility, and it is reasonable to view that the ratio exceeds 20% of the total amount in consideration of all circumstances such as the circumstance of the accident in this case. Therefore, the defendants' liability limit to 80% of the total amount of the defendants.

3. Scope of liability for damages

A. The plaintiff ○○’s lost income

The loss of lost income equivalent to the monetary total appraised value of the capacity to operate in the instant accident is 27,749,204 won calculated at the present price at the time of the instant accident based on the method of deducting intermediate interest at the rate of 5/12 per month as follows, based on the facts of recognition and evaluation as follows:

(1) Facts of recognition and evaluation

(a) Gender: Women;

Date of birth: on June 6, 1987, the age limit as at the time of an accident: 16 years of age and 1 months;

Name of rental: 65.43

(B) Occupation and income: The plaintiff's changing ○○ is a high school student at the time of the accident in this case who has resided in the urban area as the first-year student at the time of the accident in this case and can be engaged in urban daily work at least after the age of majority. The amount of wages shall be based on gold 55,252, which is urban daily wage in the second half of 2005, but the average monthly working days shall be 22 days.

C) Maximum working age: From June 6, 2007 to June 5, 2047, the maximum working age of the Plaintiff’s changed ○○○, who became an adult, to June 5, 2047.

(d) Follow-up disability and operational capacity loss rate: (1) Follow-up disability: Sponsort fluort fluort fluort fluort fluort fluort fluort

(2) Operational capacity loss rate: 9.7% and permanent disability.

【Ground for Recognition: Evidence Nos. 1 and 3 of this Court, the result of the commission of physical examination to the head of ○○ Hospital annexed to ○○ University, the purport of the whole pleadings

(2) Calculation: Calculation as stated in the separate sheet of damages calculation, the sum of the lost income shall be KRW 27,749,204.

(b) aggressive damage;

(1) 1,867,39 Won 1,867

【Ground for Recognition: Each entry of subparagraph 5-1 through 5)

(2) Future treatment costs (including purchase costs of assistive devices)

(A) Necessary treatment and costs: According to the above physical appraisal result, 180,000 won for the purchase of slots and aids to be worn for 6 million won and 6 months after the operation, which must be worn at the expense of the plaintiff's side ○○○.

(B) Current price calculation: Since there is no proof that the plaintiff's ○○○○ was receiving the above treatment prior to the closing date of the argument in this case, it shall be deemed to have been disbursed on April 27, 2006, which is the day following the day of the closing date of the argument in this case, and if the intermediate interest is deducted by the rate of 5/12% per month and the present price at the time of the accident in this case is calculated as the current price at the time of the accident in this case, the above operating expenses shall be calculated as KRW 5,274,60, and the purchase expenses for auxiliary devices shall be calculated as KRW 158,238, and the future treatment expenses shall be KRW 5,432,838,

C. Limitation on liability

(1) Liability ratio of the Defendants: 80% (see the above 2.B.)

(2) Calculation: gold 28,039,504 = gold 35,049,381 Won (27,749,204 Won due to the plaintiff's change of income + 1,867,339 Won + future treatment expense + 5,432,838 Won) x 80/100}

(d) Mutual aid:

According to the above comprehensive insurance contract for training facilities, the defendant company asserts that 100,000 won per accident should be deducted from the liability amount. Thus, according to the evidence No. 2 of this case, it is acknowledged that 100,000 won per accident amount is determined by the amount of mutual-aid money. However, there is no clear evidence to acknowledge that the above amount of mutual-aid money is applied to the case where the plaintiffs who are the victims involved in the accident claim direct insurance money to the defendant company as in this case. Thus

(e) consolation money;

(1) Reasons for consideration: The age, family relation, property, and educational degree of Plaintiff’s change ○○○, the background and result of the instant accident, the content and degree of the Plaintiff’s trouble ○○○○, the circumstances after the instant accident, and other various circumstances shown in the argument in the instant case.

(2) The amount determined;

Plaintiff’s Change ○: 5 million won

Plaintiff’s Madle, Madle○: 500,000 won, respectively.

Plaintiff-Appellant: 200 thousand won

4. Conclusion

Therefore, the Defendants, from July 7, 2003, 2039,504 (property damage amounting to 28,039,504 + consolation money amounting to 5,000,000) to each of the Plaintiffs’ side ○○○, respectively, resisting the Defendants from July 7, 2003, which is the date of the instant accident, with regard to the amount of KRW 500,000,000 to the Plaintiff’s side ○○, and KRW 200,00 and each of the above amounts to the Plaintiff’s side ○○.

Until May 24, 2006, the sentencing date of this case, 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the full payment date. Thus, the plaintiffs' claims against the defendants of this case are justified within the scope of the above recognition, and each claim is dismissed as it is so decided as per Disposition.

Judges Park Jong-young