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(영문) 의정부지방법원 2016.05.13 2015나5980

손해배상(기)

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On October 5, 2013, around 18:00, the Plaintiff visited the Defendant’s restaurant “D” under the Defendant’s 201, Goyang-gu, Seoyang-si, Seoyang-si, Seoul, for his own food.

On the top of the plaintiff, the plaintiff was laid down on four strings of the gas bucks, which are set up under four strings of the first boat between fishing vessels, in order to move to the string.

As a result, the Plaintiff suffered from the part of the left buckbucks which requires treatment between about three weeks.

B. On July 10, 2013, the Plaintiff spent KRW 64,710 to treat the above person’s injury. On the part of the Plaintiff’s injury, approximately 2.5 cm in length as of the date of the closing of the argument in this case remains.

[Ground of recognition] The descriptions of Gap evidence 1, 2, 3 (including paper numbers), and 5, Gap evidence 8, the video, the purport of the whole pleadings

2. According to the facts, prior to the occurrence of the liability for damages, the defendant suffered self-reliance on the plaintiff by negligence while neglecting the management of the public restaurant facility so that many people can use the restaurant facility safely. The defendant's negligence is unlawful.

Therefore, the defendant is liable to compensate the plaintiff for damages caused by the tort.

3. Scope of liability for damages

A. The Plaintiff’s expenditure of KRW 64,710 for medical expenses recognized in the front line of the treatment expenses may be recognized as damages within the scope of proximate causal relation with the Defendant’s tort.

B. The Plaintiff asserts that the Defendant is obligated to compensate the Plaintiff for the transportation cost of KRW 53,00,000 already paid to the Plaintiff for treatment of self-injury caused by the instant accident, and the transportation cost of KRW 50,000,000, which will be incurred while travelling to and from the hospital in the future

First of all, with respect to traffic expenses already paid, the statement of No. 4 alone is sufficient to treat the plaintiff's self-injury caused by the accident in this case.