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(영문) 대구지방법원 2017.07.20 2016가단122864

손해배상(산)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. On October 30, 2012, the Plaintiff’s assertion entered into a contract with the Defendant for assistants with persons with disabilities. From November 1, 2012 to November 1, 2012, the Plaintiff took care of Nonparty B’s disabled persons (from February 1, 2012, 175 cm, 75-80 cm between the body, and 1 strings from both shoulders to the lower part). On September 27, 2013, the Plaintiff saw B as a slick and moved from the slick, resulting in heavy weight in the Plaintiff’s slick, resulting in heavy weight in the Plaintiff’s slick, and faced with the right part of the slick slick.

In the case of persons with severe disabilities such as the above B, the defendant asserts that the defendant is responsible for compensating the plaintiff for damages equivalent to the lost income and consolation money, since the plaintiff was able to work as an assistant of the above B by having one plaintiff work as the assistant of the above B, and the plaintiff was able to mar the right shoulder, and therefore, the defendant is responsible for compensating the plaintiff for damages equivalent to the lost income.

B. According to the evidence evidence Nos. 2, 3, 5, and 6, it is recognized that the Plaintiff received insurance benefits of KRW 34,189,170,170, in total, from September 30, 2013 to March 20, 2014 due to the above accident, the Plaintiff received temporary layoff benefits of KRW 9,124,190 from the Korea Workers' Compensation and Welfare Service from September 30, 2013 to March 20, 2014.

However, beyond the above facts, the plaintiff's act as an assistant of the non-party B, and suffered from the right shoulder, and there is no evidence to prove the defendant's intention or negligence. Thus, the plaintiff's assertion based on the defendant's intention or negligence is without merit without any further examination.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.