2012 Gohap7113 damages (i.e., losses)

1. A;

2. B

3. C.

4. D.

5. E.

6. F;

7. G.

8. H;

9. I

10. J

11. K;

12. L.

13. M;

14.N

15.00

16. P;

17. Q (former Q (R);

18. S.

19. Telecommunication

20. U;

21. V

22.W.

23. X

24. Y

25.Z.

26. AA

Federation of the National Federation of Bus Transport Business Cooperatives

December 28, 198

January 25, 2017

1. The defendant shall pay to the plaintiffs the amount stated in the separate sheet "for each plaintiff's prize column" and each of them, 5% per annum from March 26, 2011 to January 25, 2017, and 15% per annum from the next day to the day of full payment.

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

3. One-third of the costs of lawsuit shall be borne by the Plaintiffs, and the remainder by the Defendant, respectively.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay to the plaintiffs 5% interest per annum from March 26, 2011 to the date of this decision and 15% interest per annum from the next day to the date of full payment.

1. Basic facts

가. 원고들은 2011. 3. 26. 당시 BB대학교 유통정보학과에 재학 중인 학생들로서, 양산 원동 배냇골에서 열린 MT를 마치고 CC이 운전하는 경남 72바1517호 BH120 관광버스(이하 '이 사건 버스'라 한다)를 타고 귀가하던 중이었다.

B. At around 12:03 on March 26, 201,CC was driving the instant bus in front of the new illegal company located in Yangsan-si, and is proceeding along one lane from the Enmarkg, to the e.g., e., e., e., e., e., e., g., e., e., e., e., g., e., e., g., e., e., e., e., e., e., e., g., e., e., e., e., e., e., e., e., e., e. g., e., e., e., e., e., e., e., e., e., e., e., e., e., 2000.).

D. The Defendant is a mutual aid business entity that entered into a mutual aid agreement for the instant bus.

[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 26, 32, 33 (including Serial number; hereinafter the same shall apply), Eul's 6, and the purport of the whole pleadings

2. Establishment of liability for damages;

(a) Occurrence of liability;

According to the above facts, the defendant is liable for the damages suffered by the plaintiffs as a mutual aid business operator of the bus of this case due to the accident of this case.

B. Limitation on liability

In light of the result of the commission of documents to the head of the Chang-won District Prosecutors' Office at the time of the instant accident, the Defendant asserted that the damage occurred due to the failure of the Plaintiffs to wear the safety labelling unit at the time of the instant accident, and thus, according to the result of the commission of documents to the head of the Chang-won Prosecutors' Office, the Plaintiff J had worn the safety labelling unit at the time of the accident. However, it is not sufficient to acknowledge that the Plaintiffs did not wear the safety labelling unit at the time of the instant accident, and there is no other evidence to acknowledge that the Plaintiffs did not wear the safety labelling unit at the time of the instant accident. Furthermore, in light of the circumstances of the instant accident, there is no reason to limit the Defendant’s liability in this case.

3. Scope of liability for damages;

The following facts are as follows: The evidence mentioned above and the statements mentioned in Gap's 36, 38, 39, 41 through 51, 53 through 63, 65 through 70, 72, 74, 75, 78, 79, 80, and 94 through 99, the results of physical examination commissioned to the head of Busan University Hospital, the head of Busan University Hospital, the head of the Busan University University White Hospital, and the head of the Gannam University Hospital, and the results of fact inquiry to the director of the regional military manpower office in Gyeongnam. (In principle, the period exceeding one month for calculation convenience shall be calculated on a monthly basis, but the last month and less than 10 won shall be discarded. The calculation of damages at the time of the accident shall be made by the simple interest deduction method which deducts interim interest at the rate of 5/12 per month or 5% per annum. In addition, the parties' claims not separately explained.

shall be dismissed.

A. Plaintiff A

(i) lost earnings;

(a) Personal information and operation period: The entry below [basic] is as follows.

B) Income: Urban daily wage (which applies the same unit price to the remaining plaintiffs), and 22 days of monthly operation (basic matters)

A person shall be appointed.

(C)the ratio of injury to the future and labor capacity;

In general, in cases of receiving hospitalized treatment due to an accident, barring any special circumstance to deem that the whole or part of the hospitalized treatment is unreasonable, such as that the period of hospitalization is clearly long-term in light of the injury’s condition, degree, and progress of the treatment, etc., even though the treatment is not related to the accident in question or is medically unnecessary, it should be deemed that the labor ability has been lost during the period of hospitalization due to the accident (see Supreme Court Decision 9Da49521, Jun. 9, 200).

The plaintiff A suffered 5% of the 0% of the 0% margin of the loss rate of labor ability in the inside and outside due to the accident in this case, and of the 5% margin of the 5% margin of the loss rate of labor ability in the part of the sexually outer part, respectively, and 24% of the calculation of the duplicate disability rate shall be 24% (the plaintiff A was determined as the second citizen service and exempted from military service due to the accident in this case).

A person shall be appointed.

2) Positive damages

(A) Hashel treatment expenses and king treatment expenses;

After the instant accident, Plaintiff A spent KRW 1,504,680, 2,027,620, including medical expenses, medicine expenses, assistive devices, and transport expenses, and KRW 2,027,620 as opening expenses (i.e., the number of opening days x 28 days x 72,415). Considering the degree and details of Plaintiff A’s injury, the purpose of treatment such as assistive devices, the amount of opening expenses, and the number of opening days, each of the above expenses appears to be necessary and reasonable for Plaintiff A to cure or provide care due to the instant accident.

(b) future treatment costs;

Plaintiff A needs to make anti-scam-type and rash-type scam-type scam-type spam-type spam-type spam-type spam-type spam-type spam-type spam-type spam-type spam-type spam-type spam-type spam-type spam-type spam (6 cm, 1 cm, 3 cm) on the left-hand side-hand side spam-type spam-type spam-type spam-type spam-type spam-type spam-type spam-type 7,600,00 on December 29,

A person shall be appointed.

3) Consolation money

The plaintiff's consolation money of 30,00,000 won shall be determined in consideration of all the circumstances shown in the argument of this case, such as the background of the accident of this case, the age of the plaintiff A, the part of the injury and the degree of the aftermath disability, etc.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 165,369,884 (=property damage 135,369,884 + KRW 125,935,424 + 1,504,680 + opening care expenses + KRW 2,027,620 + KRW 5,902,160) + KRW 30,000,000 for consolation money as of March 26, 201, which is the date of the instant accident, to dispute about the existence or scope of the Defendant’s performance obligation from March 26, 201 to January 25, 201, which is the date of the instant judgment, and KRW 5% per annum as stipulated in the Civil Act, and KRW 15% per annum as to the promotion of litigation, etc. until the date of full payment.

B. Plaintiff B

(i) lost earnings;

(a) Personal information, the date at which the name is ended, and the operating period: as described below.

(b) Income: Urban daily wage, 22 days of monthly operation (basic matters);

A person shall be appointed.

(C)the ratio of injury to the future and labor capacity;

Plaintiff B suffered from 32% loss of labor ability due to the instant accident, for five years from the date of the accident, due to the instant accident.

【Real Income】

A person shall be appointed.

A person shall be appointed.

2) Proactive damages

(A) Hashel treatment expenses and king treatment expenses;

Plaintiff B spent KRW 1,447,150, and 1,013,810, including medical expenses, medicine expenses, assistive devices, and medical supplies purchase expenses, and transportation expenses after the instant accident (i.e., KRW 72,415 on the opening day of 14 days). Considering the degree and details of Plaintiff B’s injury, the purpose of treatment, the use of assistive devices, etc., the amount of nursing expenses, and the number of nursing days, each of the above expenses appears to be necessary and reasonable for Plaintiff B to cure or provide care due to the instant accident.

(b) future treatment costs;

Plaintiff B requires a prescription, such as medical control, for one year with respect to chests and chrons, and requires blood and urine tests, and the expenses incurred therefrom are 2,857,344, which are the day following the day following the date of closing argument in the calculation, and when calculating the current price at the time of the instant accident, it is 2,219,013 as indicated below.

A person shall be appointed.

3) Consolation money

The consolation money of Plaintiff A shall be determined as KRW 15,00,000, taking into consideration all the circumstances shown in the pleadings of the instant case, such as the background of the instant accident, the age of Plaintiff B, and the parts and degree of the injury and the aftermath disability.

4) Sub-committee

Therefore, the defendant is obligated to pay to the plaintiff Eul 51,049,205 won (=property damage 36,049,205 won + property damage 31,369,232 won + 1,447,150 won + 1,013,810 won for nursing expenses + 2,219,013 won for future treatment expenses) + 15,000,000 won for consolation money from March 26, 2011 to January 25, 2017, which is the date on which the accident of this case occurred, to dispute about the existence or scope of the defendant's obligation to perform, with 5% per annum as stipulated in the Civil Act and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the date on which the judgment of this case is rendered.

C. Plaintiffs C.

(i) lost earnings;

(A) Personal information, the date at which the name is ended, and the operating period: as described below (basic).

(b) Income: Urban daily wage, 22 days of monthly operation (basic matters);

A person shall be appointed.

(C)the ratio of injury to the future and labor capacity;

Plaintiff C suffered from the instant accident No. 32% of the loss rate of labor ability in the part of the Galan Department, due to the instant accident.

【Real Income】

A person shall be appointed.

2) Positive damages

(A) Hashel treatment expenses and king treatment expenses;

Plaintiff C spent KRW 2,246,630, and 1,013,810, including medical expenses, medicine expenses, assistive devices, and transport expenses after the instant accident (i.e., 14 days X 72,415). Considering the degree and details of the Plaintiff C’s injury, the purpose of the treatment, the amount of care expenses, the number of nursing expenses, and the number of nursing days, each of the above expenses appears to be necessary and considerable expenses for the treatment or care of the injury caused by the instant accident.

(b) future treatment costs;

Plaintiff C requires a medical examination, etc. for one year with regard to the frameworks of the 2st century, and requires a medical examination, etc., and the expenses incurred therefrom are 2,857,344, which is the day following the date of closing argument in accordance with the convenience of calculation, and when calculating the present price at the time of the instant accident, it is 2,219,013 won as indicated below.

A person shall be appointed.

C) Assistants;

The plaintiff C needed one of the auxiliary devices for the rehabilitation of the plaintiff C, including 12 weeks after the operation, and the cost is 500,000 won.

3) Consolation money

The consolation money of Plaintiff C shall be determined as KRW 30,000,000, taking into consideration all the circumstances shown in the pleadings of the instant case, such as the background of the instant accident, the age of Plaintiff C, and the parts and degree of the injury and the aftermath disability.

4) Sub-committee

Therefore, the defendant is obligated to pay the plaintiff C the damages amounting to KRW 192,848,947 (=property damage amounting to 162,848,94) + KRW 156,869,494 + KRW 2,246,630 + 2,246,630 + opening care expenses + KRW 2,219,013 + KRW 2,219,013 + KRW 30,000 + KRW 30,000), which is the date of the accident in this case, as well as to pay damages for delay calculated annually from March 26, 201, which is the date of the occurrence of the accident in this case, from January 25, 2017 to January 25, 2017.

D. Plaintiffs D.

(i) lost earnings;

Plaintiff D suffered losses from the instant accident, 1,955,205 won (i.e., 27 days during the period of hospitalized treatment x 72,415 won) after receiving hospitalized treatment for 27 days from March 26, 2011 to April 21, 2011, due to the instant accident.

2) Positive damages

Plaintiff D disbursed KRW 628,830,00, including medical expenses, medicine expenses, assistive devices, and medical supplies purchase expenses, transportation expenses, etc. after the instant accident. This seems to be necessary and reasonable for Plaintiff D to treat the injury caused by the instant accident.

3) Consolation money

The plaintiff D's consolation money shall be determined as KRW 5,00,000, taking into consideration all the circumstances shown in the argument of this case, such as the background of the accident of this case, the age of the plaintiff D, the degree and degree of the injury and the aftermath disability.

4) Sub-determination

Therefore, the Defendant is obligated to pay to Plaintiff D KRW 7,584,035 [=property damage 2,584,035 + KRW 1,955,205 + 628,830 + solatium 5,000 + damages for delay calculated at each rate of 15% per annum under the Civil Act from March 26, 2011, which is the date when the instant accident occurred until January 25, 2017, which is the date when the Defendant’s obligation to perform is declared, until January 25, 2017, and from the following day to the date of full payment.

E. Plaintiffs E

(i) lost earnings;

(a) Personal information and the operating period: as described below (basic).

(b) Income: Urban daily wage, 22 days of monthly operation (basic matters);

A person shall be appointed.

(C)the ratio of injury to the future and labor capacity;

Plaintiff E suffered from an accident in the part other than the fixed area due to the accident in this case, an impairment of the majority of 53% of the total members of the labor ability loss rate for three years from the date of the accident.

【Real Income】

A person shall be appointed.

A person shall be appointed.

(ii) Proactive damage total 40,138,770

(A) Hashel treatment expenses and king treatment expenses;

Plaintiff E spent KRW 7,206,420, and 1,096,067, including treatment costs, medicine costs, auxiliary equipment costs, and transportation costs after the instant accident (i.e., X72,415 won per 7 days of opening care days + X84,166 won per 7 days of opening care days). Considering the degree and details of Plaintiff E’s injury, the frequency of surgery, the amount of nursing care costs, and the number of nursing days, each of the above costs appears to be necessary and considerable costs for Plaintiff E to treat or provide care for the injury caused by the instant accident.

(b) future treatment costs;

Plaintiff E needs to take a chest reflect removal method (not on the face), and the expenses incurred therefrom are 18,961,240 won, and the expenses incurred therefrom are 1,080,000 won for the purpose of preserving the pains of the executives who have retired from the company. The expenses incurred therefrom are all 14,725,298 won,8,838,728 won, and 15,564,026 won for each of the 14,725,298 won, 838,728 won as at the time of the instant accident, on the basis of the convenience of calculation, all of them are deemed to have been disbursed on December 29, 2016, on the day following the date of closing the argument.

A person shall be appointed.

A person shall be appointed.

3) Consolation money

The plaintiff E's consolation money shall be determined as KRW 25,00,000, considering all the circumstances shown in the argument of this case, such as the background of the accident in this case, the age of the plaintiff E, the parts and degree of the injury and the aftermath disability, and the fact that the third operation was conducted, which is the period of the aftermath disability according to the plaintiff E's appraisal.

4) Sub-determination

Therefore, the defendant is obligated to pay to the plaintiff E the amount of KRW 89,005,283 [the amount of property damage = KRW 64,05,283 [the amount of KRW 40,138,770 [the amount of property damage per day + KRW 7,206,420 + 7,206, 1,066,000 per annum for nursing expenses + KRW 15,564,026 for future treatment expenses] as well as damages for delay calculated at the rate of KRW 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 26, 201, which is the date on which the accident in this case occurred to dispute whether the defendant is liable for performance or not, from March 26, 201, to January 25, 2017, which is the date on which the judgment of this case is rendered, and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on special cases concerning the promotion, etc.

F. Plaintiff F

(i) lost earnings;

Plaintiff F incurred 941,395 won (i.e., X Urban Daily Wage 72,415 won during the period of hospitalized treatment) after receiving hospitalized treatment for 13 days from March 26, 2011 to April 7, 2011 due to the instant accident.

2) Positive damages

Plaintiff F disbursed KRW 503,00 as the early treatment cost, including treatment expenses, medicine expenses, assistive devices, and medical supplies purchase expenses, transportation expenses, etc. after the instant accident. This seems to be necessary and reasonable for Plaintiff F to treat the injury caused by the instant accident.

3) Consolation money

The consolation money of Plaintiff F shall be determined as KRW 5,00,000, taking into consideration all the circumstances shown in the pleadings of the instant case, such as the background of the instant accident, the age of Plaintiff F, the degree and degree of the injury and the aftermath disability.

4) Sub-determination

Therefore, the defendant is obligated to pay to the plaintiff F for damages of KRW 6,44,395 [=property damage of KRW 1,444,395 + Property damage of KRW 941,395 + KRW 503,000 + 5,000 consolation money] as of March 26, 2011, which is the date of the accident of this case, to dispute about the existence or scope of the defendant's obligation to pay damages from March 25, 2017 to January 25, 2017, which is the date of this decision, and to pay damages for delay calculated at 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

G. Plaintiff G

(i) lost earnings;

Plaintiff G suffered losses of KRW 2,100,035 (i.e., X Urban Daily Wage 72,415 won during the period of hospitalized treatment) for 29 days from March 26, 2011 to April 23, 2011 due to the instant accident.

2) Positive damages

A) Wrons treatment expenses

Plaintiff G spent KRW 303,380,00, including treatment expenses, medicine expenses, assistive devices, and medical supplies purchase expenses, transportation expenses, etc. After the instant accident. Considering the degree of injury to Plaintiff G and the details of treatment, the above expenses are for Plaintiff G to treat the injury caused by the instant accident.

It appears that it is necessary and reasonable.

(b) future treatment costs;

Plaintiff G needs to implement an friendly e-mail e-mail e-mail e-mail with respect to an e-mail e-mail e-mail e-mail e-mail e-mail 5,000,000, and the expenses incurred therefrom are deemed to have been disbursed as a lump sum on December 29, 2016, following the day following the date of closing argument for the convenience of calculation, and is 3,883,000 won when calculated as

A person shall be appointed.

3) Consolation money

The consolation money of Plaintiff G shall be determined as KRW 10,000,000, taking into consideration all the circumstances shown in the pleadings of the instant case, such as the background of the instant accident, the age of Plaintiff G, the degree and degree of the injury and the aftermath disability.

4) Sub-determination

Therefore, the defendant is obligated to pay to the plaintiff G 16,286,415 won [=property damage 6,286,415 won + KRW 303,380 + KRW 303,880 + KRW 10,000 for consolation money + KRW 10,000 for consolation money] as well as to the existence or scope of the defendant's obligation from March 26, 201, when the accident of this case occurred until January 25, 2017, which is the date of the judgment of this case, to pay damages at the rate of 15% per annum as stipulated in the Civil Act until January 25, 2017, and from the next day to the day of full payment.

H. Plaintiff H

(i) lost earnings;

(A) Personal information, the date at which the name is ended, and the operating period: as described below (basic).

(b) Income: Urban daily wage, 22 days of monthly operation (basic matters);

A person shall be appointed.

(C)the ratio of injury to the future and labor capacity;

Plaintiff H has suffered from pressure 32% of the rate of loss of work ability for five years from the date of the instant accident. Dental disability for 2.1% respectively, and as a result, duplicate disability rate of 3.428% is 3.4%. Barring special circumstances, such as exemption from active duty service in calculating damages equivalent to the lost income where a victim of a tort has yet to complete his duty of military service, the military service period shall be excluded from the operating period, and this shall be determined based on enlisted men who are not officers such as officers or volunteer soldiers. Article 18(2) of the Military Service Act regarding the active duty service period is 2 years for the Army, and 2 years and six months for the Navy and Air Force (or two years for the Navy of the Navy), and Article 19(1) of the same Act provides that the Minister of National Defense shall determine the overall extension of the scheduled period of active duty service to the extent that the victim’s actual military service period is not subject to prior approval of the State Council, such as wartime or other equivalent military service period.

【Real Income】

A person shall be appointed.

A person shall be appointed.

2) Positive damages

A) Wrons treatment expenses

Plaintiff H disbursed KRW 2,182,510, including treatment expenses, medicine expenses, assistive devices, and medical supplies purchase expenses, transportation expenses, etc. After the instant accident. Considering the degree of Plaintiff H’s injury, treatment details, etc., the above expenses seem to be necessary and reasonable for Plaintiff H to cure the injury caused by the instant accident.

(b) future treatment costs;

Plaintiff H needs to prescribe the pressure control, etc. for one year with respect to the pressure frame of the instant accident, and need blood test, urine test, and liver function test, etc., and the cost incurred therefrom requires rehabilitation treatment is 2,857,344. The cost of the instant accident is calculated on December 29, 2016, which is the day following the date of closing argument for the convenience of calculation, and is calculated at the present price at the time of the instant accident, 2,219,013 as indicated below.

A person shall be appointed.

3) Consolation money

The consolation money of Plaintiff H shall be determined as KRW 20,000,000, taking into consideration all the circumstances shown in the pleadings of the instant case, such as the background of the instant accident, the age of Plaintiff H, the degree and degree of the injury and the aftermath disability.

4) Sub-committee

Therefore, the Defendant is obligated to pay Plaintiff H the damages amounting to KRW 54,786,149 (=property damage amounting to KRW 34,786,149 + KRW 30,384,626 + KRW 2,182,510 + KRW 2,182,510 + KRW 20,000 of consolation money + KRW 20,000,000), which is the date of the instant accident, to dispute about the existence or scope of the Defendant’s performance obligation from March 26, 201 to January 25, 2017, which is the date of the instant judgment, and to pay damages at a rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the date of the instant accident, until January 25, 2017.

I. The plaintiff

(i) lost earnings;

Plaintiff I suffered losses of KRW 1,086,225 (i.e., X Urban Daily Wage 72,415 won during the period of hospitalized treatment) for 15 days from March 26, 2011 to April 9, 2011 due to the instant accident.

2) Positive damages

Plaintiff I disbursed KRW 245,820,00, including medical expenses, medicine expenses, assistive devices, and medical supplies purchase expenses, transportation expenses, etc. after the instant accident. This seems to be necessary and reasonable for the treatment of the injury caused by the instant accident.

3) Consolation money

The plaintiff I's consolation money shall be determined as KRW 5,00,000, taking into consideration all the circumstances shown in the argument of this case, such as the background of the accident of this case, the age of the plaintiff I, the parts and degree of the injury and the aftermath disability.

4) Sub-committee

Therefore, the Defendant is obligated to pay the Plaintiff KRW 6,332,045 [=property damage 1,332,045 + KRW 1,086,225 + KRW 245 + KRW 5,000 + solatium 5,00,00] as of March 26, 201, which is the date of the instant accident, to dispute about the existence or scope of the Defendant’s duty of performance from March 25, 201 to January 25, 201, which is the date of the instant judgment, to pay damages for delay calculated at each rate of KRW 15 per annum as stipulated in the Civil Act, and from the following day to the date of full payment.

(j) Plaintiff J

(i) lost earnings;

The Plaintiff J suffered losses of KRW 1,448,300 (i.e., X urban daily wage of KRW 72,415) for 20 days from March 26, 2011 to April 14, 201, after receiving hospitalized treatment for 20 days due to the instant accident.

2) Positive damages

Plaintiff J disbursed KRW 45,00,00, including medical expenses, medicine expenses, assistive devices, and medical supplies expenses, transportation expenses, etc. after the instant accident. This seems to be necessary and reasonable for Plaintiff J to treat the injury caused by the instant accident.

3) Consolation money

The amount of consolation money of Plaintiff J shall be determined as KRW 5,00,000, taking into consideration all the circumstances shown in the pleadings of the instant case, such as the background of the instant accident, the age of Plaintiff J, the injury, and the degree and degree of the injury and the subsequent disability.

4) Sub-committee

Therefore, the Defendant is obligated to pay the Plaintiff J KRW 6,493,300 [=property damage 1,493,300 + KRW 1,493,300 + KRW 45,000 + solatium 5,00,000 + damages for delay calculated at each rate of 15% per annum under the Civil Act from March 26, 2011, which is the date when the instant accident occurred until January 25, 2017, which is the date when the Defendant’s obligation is declared, until January 25, 2017, and from the following day to the date of full payment.

C. Plaintiff K

(i) lost earnings;

Plaintiff K suffered loss of KRW 1,086,225 (i.e., X Urban Daily Wage 72,415 won during the period of hospitalization) for 15 days from March 26, 2011 to April 9, 2011 due to the instant accident (i.e., 15 days X Urban Daily Wage 72,415 won).

2) Positive damages

Although Plaintiff K alleged that it spent 110,000 won for the medical expenses after the instant accident, according to each of the statements in the evidence Nos. 54 and 55, Plaintiff K may recognize the fact that Plaintiff K suffered from an injury on the climatic base, on the part of the climatic base, on the part of the climatic base, on the part of the climatic base, and on the part of the climatic unit due to the instant accident, Plaintiff K appears to have been unrelated to the treatment of the said injury. Accordingly, Plaintiff K’

3) Consolation money

The consolation money of Plaintiff K shall be determined as KRW 5,00,000, taking into consideration all the circumstances shown in the pleadings of the instant case, such as the background of the instant accident, the age of Plaintiff K, the degree and degree of the injury and the aftermath disability.

4) Sub-committee

Therefore, the Defendant is obligated to pay to Plaintiff K the damages amounting to KRW 6,086,225 (=property damages amounting to KRW 1,086,225 + solatium amounting to KRW 5,00,00) and damages for delay calculated at each rate of 5% per annum prescribed by the Civil Act from March 26, 2011, which is the date of the occurrence of the instant accident until January 25, 2017, which is the date of the instant judgment, until January 25, 2017, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

(l) Plaintiff L

(i) lost earnings;

The Plaintiff L suffered loss of KRW 1,231,05,05 (i.e., X urban daily wage of KRW 72,415) for 17 days from March 27, 2011 to April 12, 2011 due to the instant accident (i.e., 17 days X urban daily wage of KRW 72,415).

2) Positive damages

The plaintiff L spent 110,00 won for the base treatment expenses, including medical expenses, medicine expenses, assistive devices, and medical supplies purchase expenses, transfer expenses, etc. after the accident in this case. This seems to be necessary and reasonable for the treatment of the injury caused by the accident in this case.

3) Consolation money

The consolation money of Plaintiff L shall be determined as KRW 5,00,000, taking into consideration all the circumstances revealed in the pleadings of the instant case, such as the background of the instant accident, the age of Plaintiff L, the degree and degree of the injury and the aftermath disability.

4) Sub-committee

Therefore, the Defendant is obligated to pay to Plaintiff L the amount of KRW 6,231,05 (i.e., loss 1,231,055 + consolation money of KRW 5,00,000) and damages for delay calculated at the rate of 5% per annum under the Civil Act from March 26, 2011, which is the date of the instant accident, to January 25, 2017, which is the date of the instant judgment, to the date of the instant judgment, to the date of full payment, and to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

(m) Plaintiff M1’s lost income

Plaintiff M sustained 506,905 won (i.e., X Urban Daily Wage 72,415 won for the period of hospitalized treatment) after receiving hospitalized treatment during the period of 71 days from March 26, 2011 to April 1, 2011 due to the instant accident (i.e., 7 days X Urban Daily Wage 7,000 won).

2) Consolation money

The consolation money for plaintiffs M shall be determined as KRW 5,00,000, taking into consideration all the circumstances shown in the pleadings of this case, such as the background of the accident of this case, the age of the plaintiff M, the degree and degree of the injury and the aftermath disability.

3) Sub-determination

Therefore, the defendant is obligated to pay to the plaintiff M the amount of KRW 5,506,905 (=property damage of KRW 506,905 + solatium of KRW 5,000 + damages for delay calculated at each rate of 15% per annum under the Civil Act from March 26, 2011, which is the date of the occurrence of the accident of this case until January 25, 2017, which is the date of the decision of this case, to the date of the decision of this case, as to the existence or scope of the defendant's obligation to perform, and to pay damages for delay calculated at each rate of KRW 5,505 per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date

n. Plaintiff N

(i) lost earnings;

Plaintiff N incurred loss of KRW 1,520,715, which received hospitalized treatment for 21 days from March 26, 2011 to April 15, 201 due to the instant accident (i.e., the period of hospitalized treatment x 21 days x urban daily wage 72,145).

2) Consolation money

The consolation money of Plaintiff N shall be determined as KRW 5,00,000, taking into consideration all the circumstances shown in the pleadings of the instant case, such as the background of the instant accident, the age of Plaintiff N, and the part, degree, etc. of the injury and the aftermath disability.

3) Sub-determination

Therefore, the Defendant is obligated to pay to Plaintiff N the damages amounting to KRW 6,520,715 (=property damages amounting to KRW 1,520,715 + consolation money + KRW 5,000,000), which is the date of the instant accident, to the extent that the Defendant disputes over the existence or scope of the Defendant’s performance obligation from March 26, 201 to January 25, 201, which is the date of the instant judgment, with 5% per annum as stipulated in the Civil Act and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

o. Plaintiff’s objection

(i) lost earnings;

(A) Personal information, the date at which the name is ended, and the operating period: as described below (basic).

(b) Income: Urban daily wage, 22 days of monthly operation (basic matters);

A person shall be appointed.

(C)the ratio of injury to the future and labor capacity;

The Plaintiff ○ caused the instant accident to suffer from the injury of 24% of the loss rate of labor ability during two years from the date of the instant accident.

As Plaintiff ○ entered the Gun on September 5, 201 and discharged on June 4, 2013, Plaintiff 201, the above service period should be excluded from the operation period in accordance with the legal principles as seen earlier.

【Real Income】

A person shall be appointed.

2) Positive damages

A) Wrons treatment expenses

Plaintiff 0 spent KRW 568,320,00, including treatment expenses, medicine expenses, assistive devices, and medical supplies purchase expenses, transportation expenses, etc. After the instant accident. Considering the degree of injury, treatment details, etc. of Plaintiff 0, the above expenses are to treat the injury caused by the instant accident.

It appears that it is necessary and reasonable.

(b) future treatment costs;

Plaintiff ○ requires a prescription, such as earthquake control, etc. for one year with respect to the 3th Crossing, the chilling, the chilling, the chilling, and the chromatic typhoids, and the need to conduct a function test, etc., and the cost incurred therefrom is 2,857,344, which is the following day after the closing date of argument for the convenience of calculation, and thus, it is 2,219,013 won at the time of the instant accident, considering it as a package disbursement on December 29, 2016.

A person shall be appointed.

3) Consolation money

The consolation money of Plaintiff 0 shall be determined as KRW 10,000,000, taking into consideration all the circumstances shown in the pleadings of the instant case, such as the background of the instant accident, the age of Plaintiff 0, and the parts and degree of the injury and the aftermath disability.

4) Sub-committee

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 15,881,228 (=property damage of KRW 5,881,228 (=property damage of KRW 3,093,895 + KRW 568,320 + KRW 2,219,013 + KRW 10,000 for consolation money + KRW 10,000 for consolation money] as of March 26, 2011, which was the date of the instant accident, to dispute the existence or scope of the Defendant’s performance obligation from March 26, 201 to January 25, 201, which is the date of the instant judgment, to pay damages at the rate of 5% per annum as stipulated in the Civil Act, and from the following day to the date of full payment, to the date of each full payment, 15% per annum as stipulated in the Act on Special Cases concerning the Facilitation, etc. of Legal Proceedings.

(p) Plaintiff P

(i) lost earnings;

Plaintiff P suffered 651,735 won (i.e., X Urban Wage 72,415 won for the period of hospitalized treatment of 9 days from March 28, 2011 to April 5, 2011) due to the instant accident (i.e., the period of hospitalized treatment of 9 days).

2) Positive damages

Plaintiff P spent KRW 32,150,00, including treatment expenses, medicine expenses, assistive devices, and medical supplies purchase expenses, transportation expenses, etc. after the instant accident. This seems to be necessary and reasonable for Plaintiff P to treat injury caused by the instant accident.

3) Consolation money

The consolation money of Plaintiff P shall be determined as KRW 5,00,000, taking into consideration all the circumstances revealed in the pleadings of the instant case, such as the background of the instant accident, the age of Plaintiff P, the injury, and the degree of the injury and the disability.

4) Sub-committee

Therefore, the Defendant is obligated to pay the Plaintiff P the amount of KRW 5,683,885 [=property damage of KRW 683,885 + KRW 651,735 + KRW 32,150 + solatium 5,000 + damages for delay calculated at each rate of 5% per annum as stipulated in the Civil Act from March 26, 2011, which is the date when the instant accident occurred until January 25, 2017, which is the date when the judgment was rendered, until January 25, 2017; and damages for delay calculated at 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

Furthermore, Plaintiff Q.

(i) lost earnings;

(a)personal matters, the date on which the name is ended, and the operating period: as described below (basic).

(b) Income: Urban daily wage, 22 days of monthly operation (basic matters);

A person shall be appointed.

(C)the ratio of injury to the future and labor capacity;

Plaintiff Q for 3 years from the date of the accident in the part of the Galan Division due to the accident in this case

A person shall be appointed.

A person shall be appointed.

It has suffered from damage to the scale of 24% of the loss rate of labor ability.

2) Positive damages

A) Wrons treatment expenses

Plaintiff Q spent KRW 79,930,00, including treatment expenses, medicine expenses, assistive devices, and medical supplies purchase expenses, transportation expenses, etc. After the instant accident. Considering the degree of injury to Plaintiff Q Q and its treatment details, the above expenses are for treatment of injury caused by the instant accident.

It appears that it is necessary and reasonable.

(b) future treatment costs;

Plaintiff Q needs to prescribe a performance control, etc. for one year with respect to the structural frame of the 2,3, and 4th Dadive spine in the instant accident, and requires a function test, etc. between blood and urine tests. The cost incurred therefrom is 2,857,344, which is the day following the date of closing argument for the convenience of calculation, and is deemed to have been spent collectively on December 29, 2016 and calculated at the present price at the time of the instant accident.

A person shall be appointed.

3) Consolation money

The consolation money of Plaintiff Q shall be determined as KRW 15,00,000, taking into consideration all the circumstances revealed in the pleadings of the instant case, such as the background of the instant accident, the age of Plaintiff Q, the parts and degree of the injury and the subsequent disability.

4) Sub-committee

Therefore, the Defendant is obligated to pay to Plaintiff Q for damages KRW 32,350,669 (=property damage 17,350,669 + KRW 79,930 + KRW 79,930 + KRW 2,219,013 + KRW 15,00,000 + damages for future treatment + damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 26, 2011 to January 25, 2017, which is the date the instant accident occurred, to dispute about whether the Defendant is liable for performance or not, or the scope thereof, from March 26, 2011 to January 25, 2017; and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

(r) Plaintiff S

(i) lost earnings;

Plaintiff S suffered losses of KRW 1,448,300 (i.e., X Urban Daily Wage 72,415 won during the period of hospitalized treatment) for 20 days from March 26, 2011 to April 14, 2011 due to the instant accident (i.e., X Urban Daily Wage 20 days).

2) Positive damages

Plaintiff S disbursed KRW 21,00 as the base treatment cost, including treatment expenses, medicine expenses, assistive devices, and medical supplies purchase expenses, transfer expenses, etc. after the instant accident. This seems to be necessary and reasonable expenses for Plaintiff S to treat the injury caused by the instant accident.

3) Consolation money

The consolation money of Plaintiff S shall be determined as KRW 5,00,000, taking into consideration all the circumstances shown in the pleadings of the instant case, such as the background of the instant accident, the age of Plaintiff S, and the parts and degree of the injury and the aftermath disability.

4) Sub-committee

Therefore, the defendant is obligated to pay the plaintiff S for damages of KRW 6,469,30 [=property damages of KRW 1,469,300 + KRW 1,469,300 + KRW 5,000 + KRW 5,000,000] as of March 26, 2011, which is the date the accident of this case occurred, to dispute about the existence or scope of the defendant's obligation to pay damages, 5% per annum under the Civil Act until January 25, 2017, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

(s) Plaintiffs T.

(i) lost earnings;

Plaintiff T suffered loss of KRW 1,375,885, which received hospitalized treatment for 19 days from March 26, 2011 to April 13, 201, due to the instant accident (i.e., X urban daily wage of KRW 72,415).

2) Positive damages

Plaintiff T disbursed KRW 21,00 as the early treatment cost, including medical expenses, medicine expenses, assistive devices, and medical supplies purchase expenses, transfer expenses, etc. after the instant accident. This seems to be necessary and reasonable for Plaintiff T to treat the injury caused by the instant accident.

3) Consolation money

The consolation money for plaintiffs T shall be determined at KRW 5,00,000, taking into consideration all the circumstances shown in the argument of this case, such as the background of the accident of this case, the age of the plaintiff T, the degree and degree of the injury and the aftermath disability.

4) Sub-committee

Therefore, the defendant is obligated to pay to the plaintiff T 6,396,885 won [=property damage 1,396,885 won + 21,000 won + consolation money + 5,000,000 won] as of March 26, 2011, which is the date of the accident in this case, to dispute about the existence or scope of the defendant's duty of performance from March 25, 201, to January 25, 2017, which is the date of this decision, 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

B. Plaintiff U1) Daily income

According to the instant accident, the Plaintiff U suffered damages of KRW 1,231,055 (i.e., X urban daily wages of KRW 72,415) by receiving hospitalized treatment for 17 days from March 26, 2011 to April 11, 2011 (i.e., 17 X urban daily wages of KRW 17).

2) Consolation money

The consolation money of Plaintiff U shall be determined as KRW 5,00,000, taking into consideration all the circumstances shown in the pleadings of the instant case, such as the background of the instant accident, the age of Plaintiff U, and the parts and degree of the injury and the aftermath disability.

3) Sub-determination

Therefore, the Defendant is obligated to pay to the Plaintiff U the damages amounting to KRW 6,231,055 (=property damages amounting to KRW 1,231,055 + damages amounting to KRW 5,000 + damages amounting to KRW 5,00,000), which is the date of the instant accident, to dispute over the existence or scope of the Defendant’s obligation, from March 26, 201 to January 25, 2017, which is the date of the instant judgment, to KRW 5% per annum as stipulated in the Civil Act, and to pay damages amounting to 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

u. Plaintiff V

(i) lost earnings;

Plaintiff V sustained 217,245 won (i.e., X Urban Daily Wage 72,415 won for the period of hospitalized treatment) after receiving hospitalized treatment for three days from March 30, 201 to April 1, 2011 due to the instant accident.

2) Positive damages

Plaintiff V disbursed KRW 61,400, including medical expenses, medicine expenses, assistive devices, and medical supplies purchase expenses, transportation expenses, etc. after the instant accident. This seems to be necessary and reasonable expenses for Plaintiff V to treat the injury caused by the instant accident.

3) Consolation money

The consolation money of Plaintiff V shall be determined as KRW 5,00,000, taking into consideration all the circumstances shown in the pleadings of the instant case, such as the background of the instant accident, the age of Plaintiff V, and the parts and degree of the injury and the subsequent disability.

4) Sub-determination

Therefore, the Defendant is obligated to pay to Plaintiff V the amount of KRW 5,278,645 (=property damage of KRW 278,645 (=property damage of KRW 217,245 + KRW 61,400) + solatium of KRW 5,00,00), which is the date of the instant accident, to dispute whether the Defendant is liable for performance or not or not, from March 26, 201, which is the date of the instant accident, until January 25, 2017, KRW 5% per annum as stipulated in the Civil Act, and damages for delay calculated at 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

E. Plaintiff W.

(i) lost earnings;

Plaintiff W sustained 724,150 won (i.e., X Urban Daily Wage 72,415 won during the period of hospitalized treatment) after receiving hospitalized treatment for 10 days from March 28, 2011 to April 6, 2011 due to the instant accident.

2) Positive damages

Plaintiff W disbursed KRW 22,600, including medical expenses, medicine expenses, assistive devices, and medical supplies purchase expenses, transportation expenses, etc. after the instant accident. This seems to be necessary and reasonable for Plaintiff W to treat the injury caused by the instant accident.

3) Consolation money

The consolation money for plaintiffs W shall be determined as KRW 5,00,000, taking into consideration all the circumstances shown in the pleadings of the instant case, such as the background of the instant accident, the age of plaintiffs W, the degree and degree of the injury and the subsequent disability.

4) Sub-determination

Therefore, the Defendant is obligated to pay Plaintiff W the amount of KRW 5,746,750 (=property damage of KRW 746,750 + KRW 724,150 + KRW 22,600 + KRW 5,000 + damages for delay calculated at each rate of KRW 15% per annum under the Civil Act from March 26, 2011, which is the date of the instant accident, until January 25, 2017, which is the date of the instant judgment, until January 25, 2017, and from the next day to the date of full payment, damages for delay calculated at 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the date of the instant accident.

(w) Plaintiff X

(i) lost earnings;

Plaintiff X suffered 796,565 won (i.e., X’s daily wage of 11 X 72,415 won for the period of hospitalized treatment) after receiving hospitalized treatment for 11 days from March 26, 2011 to April 5, 2011 due to the instant accident.

2) Consolation money

The plaintiff X's consolation money shall be determined as KRW 5,00,000, taking into consideration all the circumstances shown in the pleadings of the instant case, such as the background of the instant accident, the age of the plaintiff X, the parts and degree of the injury and the aftermath disability.

3) Sub-determination

Therefore, the Defendant is obligated to pay to Plaintiff X damages (i.e., KRW 796,565 + KRW 5,000 + KRW 5,000) and damages for delay calculated at each rate of 5% per annum as stipulated by the Civil Act from March 26, 2011, which is the date of the instant accident, until January 25, 2017, which is the date of the instant judgment, to dispute over the existence or scope of the Defendant’s obligation to perform; and 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

x. Plaintiffs Y

(i) lost earnings;

Plaintiff Y caused damage to Plaintiff 1,448,30 won (i.e., 20 days during the period of hospitalized treatment x 72,415 won) by receiving hospitalized treatment for 20 days from March 26, 201 to April 14, 2011 due to the instant accident.

2) Consolation money

The plaintiff Y's consolation money shall be determined as KRW 5,00,000, taking into consideration all the circumstances shown in the argument of this case, such as the background of the accident of this case, the age of the plaintiff Y, the degree and degree of the injury and the aftermath disability.

3) Sub-determination

Therefore, the Defendant is obligated to pay the Plaintiff Y the damages amounting to KRW 6,48,300 (=property damages amounting to KRW 1,448,300 + solatium 5,00,000 + damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from March 26, 2011, which is the date when the instant accident occurred until January 25, 2017, which is the date when the Defendant rendered a substantial decision to dispute the existence or scope of the Defendant’s obligation to perform, and the damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

(y) Plaintiff 2.1) Daily income

Upon the instant accident, Plaintiff B suffered losses of KRW 1,593,130 (i.e., 22 days during which hospitalized treatment was conducted from March 26, 2011 to April 16, 201) due to the instant accident (i.e., 22 days during which hospitalized treatment was conducted x 72,415 won for urban daily wages).

2) Positive damages

Plaintiff 2 spent KRW 36,478 at the cost of the oral treatment, including treatment expenses, medicine expenses, assistive devices, and medical supplies purchase expenses, transportation expenses, etc. after the instant accident. This seems to be necessary and reasonable for Plaintiff 2 to treat the injury caused by the instant accident.

3) Consolation money

The consolation money of plaintiff Z shall be determined as KRW 5,00,000, taking into consideration all the circumstances shown in the argument of this case, such as the background of the accident of this case, the age of the plaintiff Z, the part of the injury and the degree of the aftermath disability.

4) Sub-determination

Therefore, the defendant is obligated to pay the plaintiff Z damages amounting to KRW 6,629,608 [=property damages amounting to KRW 1,629,608 + KRW 1,593,130 + KRW 36,478 + solatium amounting to KRW 5,00,00] as of March 26, 201, which is the date of the accident in this case, to dispute over the existence or scope of the defendant's duty of performance from March 26, 201 to January 25, 2017, which is the date of this decision, and to pay damages for delay calculated at each rate of KRW 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

Tter, Plaintiff AA

(i) lost earnings;

Plaintiff A suffered 651,735 won (i.e., X Urban Daily Wage 72,415 won for the period of hospitalized treatment) after receiving hospitalized treatment for nine days from March 28, 2011 to April 5, 2011 due to the instant accident (i.e., the period of hospitalized treatment).

2) Positive damages

The plaintiff AA disbursed KRW 21,00 as the early treatment cost, including treatment expenses, medicine expenses, assistive devices, and medical supplies purchase expenses, transportation expenses, etc. after the accident in this case. This seems to be necessary and reasonable for the treatment of the injury caused by the accident in this case.

3) Consolation money

The plaintiff A's consolation money of 5,00,000 won shall be determined in consideration of all the circumstances shown in the argument of this case, such as the background of the accident of this case, the age of the plaintiff AA, the part of the injury and the degree of the aftermath disability, etc.

Therefore, the defendant is obligated to pay to the plaintiff A for damages of KRW 5,672,735 (=property damage of KRW 672,735 (=property damage of KRW 651,735 + KRW 21,000) + solatium of KRW 5,00,00), which is the date the accident of this case occurred, to dispute whether the defendant is liable to perform his/her duty or its scope from March 26, 201 until January 25, 2017, which is the date the judgment of this case is rendered, with 5% per annum under the Civil Act until January 25, 2017, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

4. Judgment on the plaintiffs' assertion of physical damage

The plaintiffs also seek damages equivalent to the expenses incurred in purchasing a new mobile phone, which has been lost or destroyed due to the instant accident. However, there is no evidence to prove the fact that the Plaintiffs lost the said goods due to the instant accident beyond the scope recognized above, and there is no such evidence as to the fact that the said goods were lost due to the instant accident. Accordingly, the plaintiffs' assertion on

5. Conclusion

Therefore, the plaintiffs' claims of this case are accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

The presiding judge, judge and vice judge

Judges Kim Gin-sus

Judges Lee Ho-soo

1) The Plaintiffs submitted an application for correction of the claims and the cause of the claims as of July 8, 2016, and the Plaintiffs submitted the Plaintiff M from March 26, 201 to April 1, 2011.

During the period of 362,075 won (i.e., five days x 72,415 won) by asserting that he/she was hospitalized, it is claiming for lost damage equivalent to the amount of 362,075 won (i.e.,

Since it is apparent that the amount of lost damage of Plaintiff M is determined as of 7 days.