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(영문) 서울중앙지방법원 2016.02.26 2014가단178642

손해배상(기)

Text

1. The Defendant jointly with the Spanish Spanish Co., Ltd., and jointly with the Plaintiff KRW 65,000,000 on August 2012.

Reasons

1. On August 10, 2012, the Plaintiff asserted (e.g., indicating the Plaintiff’s claim) sustained an injury from the wind falling down in excess of the cost of filing a complaint, which was on the top of the first floor of the hotel 1st, on August 10, 2012, when the Plaintiff had been engaged in the construction of a tent. The Defendant did not properly conduct safety education to prevent disasters to the Plaintiff, who employs the Plaintiff, and did not properly manage and check the safety facilities and the equipment of the work, such as safety facilities and the accusation work unit. Therefore, the Defendant should pay damages for damages to the Plaintiff (i.e., KRW 143,15,079 (i., KRW 84,611,079), KRW 22,920,00 for the future treatment expenses of KRW 1,680,000 for the first floor of the hotel 1st,00,000 for damages for delay.

2. Determination

(a) Actual income: 84,611,079 won (45,102,890 won deducted from the amount of temporary disability benefits and disability benefits);

(b) Expenses for future treatment: 22,920,000 won;

(c) Nursing expenses: 1,680,000 won;

(d) Rate of negligence: 50% of the negligence of the plaintiff who fails to see his/her safety, such as moving his/her complaint work unit in an advanced state;

(f) Consolation money: 10,394,461 won (the following circumstances are considered: the Plaintiff’s age and degree of negligence, the degree and degree of injury, the period of hospitalization, and the Plaintiff’s claim of property damage by the confession, and all the circumstances revealed in the pleadings of the instant case, such as the decision of recommending reconciliation between the Plaintiff and the Geum River Spanish Design, etc.)

(g) Calculation (less than the cost) 54,605,539 won = 109,21,079 won (=109,61,079 won for future treatment costs of KRW 22,920,00 for future treatment costs of KRW 1,680,00 for future treatment costs of KRW 84,61,079), ¡¿ 50% (i.e., - 1-50%, and the Plaintiff’s liability ratio) x 10,394,461 won = 65,00,000 won)

3. Judgment on deemed confession (the amount of offsetting negligence and consolation money is a matter to be ex officio, and thus cannot be subject to the principle of confession) under Article 208 (3) 2 of the Civil Procedure Act.