Plaintiff 1 and three others (Attorney Ahn Byung-hee, Counsel for the plaintiff-appellant)

El District Fire and Marine Insurance Co., Ltd. (Attorneys Kim Tae-sik et al., Counsel for the plaintiff-appellant)

November 24, 2004

1. The defendant shall pay to the plaintiff 1 2,700,247 won with the amount of 2,709,562 won, 500,000 won per annum from January 8, 2004 to December 21, 2004, and 20% per annum from December 22, 2004 to the date of full payment.

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

3. The 85% of the costs of the lawsuit is assessed against the defendant and the remaining 15% on each of the plaintiffs.

4. Paragraph 1 can be provisionally executed.

The defendant shall pay 34,946,852 won to the plaintiff 1 and 7,48,904 won to the plaintiff 2, 3, and 4 with 5% per annum for each of the above amounts, and 20% per annum for each of the above amounts from the service interest day of the complaint of this case to the day of this judgment, and from the next day to the day of full payment.

1. Occurrence of liability for damages;

(a) Facts of recognition;

(1) Around 23:00 on April 19, 200, Nonparty 2 driven a new EFK car (vehicle number omitted) in Seoul (hereinafter “the instant vehicle”) and proceeded to the Cheongneung road in front of the Gyeongwon loan located in 333 dong 33, Seongbuk-gu, Seoul, as the Cheongneung-gu office room. The part of Plaintiff 1’s right side walking in the same direction is shocking from the left side of the said vehicle to the rear gate of the said vehicle. In addition, the distribution on the rear seat of the said vehicle was carried out by the said Plaintiff on his hand, and the said Plaintiff exceeded the ground and suffered injury, such as the front wheel of the right-hand gate (hereinafter “the instant accident”).

(2) Plaintiff 2 is the husband of Plaintiff 1, and the rest of the Plaintiffs are Plaintiff 1’s children.

(3) The Defendant is an insurer who entered into a comprehensive automobile insurance contract with Nonparty 3 Co., Ltd., the owner of the instant vehicle, using the said vehicle as an insured automobile.

[Evidence] Evidence Nos. 1 through 5, Evidence No. 8-1 to 28, and the purport of the pleading

B. According to the above facts, it cannot be deemed that the accident of this case occurred solely by the external force that caused the above distribution modernization, and it is reasonable to view that there is a proximate causal relation between the operation of the motor vehicle of this case and the occurrence of the accident of this case. Thus, the defendant is the insurer of the motor vehicle of this case, who is liable for the damages suffered by the plaintiffs.

2. Scope of liability for damages

In addition to the following separate statements, the same shall be as specified in the attached Table of Calculation of Compensation for Damages (hereinafter referred to as the "monthly shall be included on the side on which the amount is small, the amount less than the original and the last month shall be discarded, and the period shall be calculated on a monthly basis as a principle, and it shall be excluded from being

A. Gender, date of birth, age, and name of a lease of Plaintiff 1: The same shall apply as indicated in the attached calculation sheet.

B. The monetary assessment of Plaintiff 1’s operating capacity: The daily wage of an ordinary urban part (the “unit wage” in the attached Table) on 22th day of each month from the date of the accident until he/she reaches the age of 60 shall be referenced: Provided, That it shall be deemed that 52,483 won per day from March 5, 200 to June 30, 2003, and 52,565 won per day from May 1, 2004, or the amount claimed by the above Plaintiff respectively.) can be earned.

(c) The ratio of residual disability and operational capacity loss;

(1) Sheet Sheet: It is recognized that the operation ability of 11% [limited to 2/30,000 of Section VI (Vocational Coefficient 5) of Mabrid Table Sheet Sheet Sheet Sheet Sheet Sheet Sheet Sheet us] is lost permanently.

(2) No. 5-6: It is recognized that the operating ability of 11.5% (applicable considering items 5-A of Mabrid Damage Damage Items 5-A, occupational coefficient 5, and degree of contribution 50%) has been lost for three years from the water date.

(3) The right shoulder field: It is recognized that the operation ability of 18% (the provisions of Section II-A-4 of Mabrid Table and the occupational coefficient 5) has been lost for two years from the water date.

(4) Complex Loss Rate: 35.4% for two years following the award, 21.23% for one year from the following day, 11% for the following day, and 35.3% for two years after the award, as sought by the above Plaintiff, and 21.2% for the following year.

(d) Period of hospitalized treatment: recognition of loss of operating capacity of 100% during the period of hospitalized treatment from the date of the accident to July 16, 2003;

(e) Expenses for the king: Total of 868,700 won.

F. Future medical costs: need to perform a future operation to remove the reflects of the parts in the future, but there is no evidence to prove that the operation was performed by the closing date of the pleadings in this case, the intermediate interest rate of KRW 2,79,100 shall be deducted from the operating costs up to the closing date of pleadings.

G. Nursing expense: Plaintiff 1’s age, part and degree of injury, treatment progress, etc. are deemed to have been required by one adult (general person for urban day) for 14 days from the date of the accident, and thus, the amount of the expense is recognized as the amount of damages of Plaintiff 2 in charge of actual nursing.

H. Consolation money: Each determination shall be made as shown in the separate sheet of calculation in consideration of all the circumstances, such as the age, occupation, injury and the degree of disability of Plaintiff 1, the Plaintiffs’ family relationship, the circumstances surrounding the accident, etc.

[Ground for recognition] : (a) the substantial fact in this Court; (b) Gap evidence 7-1, Gap evidence 9, 10; (c) Gap evidence 1-1 to 5; (d) Gap evidence 12; and (e) the result of the commission of physical appraisal to the director of the Toln University and the director of the Tol University Hospital; (c) the whole purport

3. Conclusion

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

[Attachment Table of Compensation for Damages]

Judges Han Young-young