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(영문) 부산지방법원 2019.11.22 2019나40468

구상금

Text

1. After remand, the first instance judgment, including the claim for extension by this court, is modified as follows.

Reasons

1. The reasons why the court should explain this part of the basic facts are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act. Thus, this part of the reasoning of the judgment of the first instance is cited by the main sentence of Article 420

2. Occurrence of liability for damages;

A. According to the above facts based on the responsibility, D was negligent in operating the pumps of this case without confirming whether there was any person around the pumps of this case, and the accident of this case occurred, even though D could have sufficiently anticipated that serious injuries may occur in light of the connecting structure, shape, etc. of the pumps in operating the pumps of this case.

Therefore, the Defendant is liable for damages sustained by the Intervenor due to the instant accident as the insurer with respect to the pumps of this case.

B. Limit of liability: (a) the Plaintiff’s Intervenor also failed to perform the duty of care to maintain a certain distance at the Working Group’s consideration of the operating situation of the pumps of this case; and (b) it is recognized that the Plaintiff’s negligence by the Plaintiff’s Intervenor was the cause of the occurrence of the instant accident and the expansion of damages; (c) thus, the Defendant’s liability is limited to 70% by comprehensively taking into account all the circumstances shown in the instant pleadings, including the background

3.For the purpose of calculating the scope of damages, the period of time shall be calculated on a monthly basis, and less than a month shall include the amount appraised on the side which is less than the last month, and the amount less than a cost shall be discarded, respectively, and the present price calculation at the time of the accident in this case shall be based on the simple discount method which deducts intermediary interest at the rate of 5/12 per month.

Personal information 1) Personal information: International male, occupation and operation period of 29 years old and older than 29 years old and 2 years old at the time of the instant accident: The concrete hole in the investigation report on the actual wage status of the construction business, and the operation period of the construction business until June 27, 2043 when the age of 60 expires.