손해배상(기)
1. The Defendant’s KRW 9,153,135 as well as the Plaintiff’s annual rate of KRW 5% from February 2, 2014 to November 11, 2015.
1. Occurrence of liability for damages;
A. On February 2, 2014, the Defendant received from C a request from C to request the Plaintiff to produce the disturbance of alcohol outside the restaurant in the “D” restaurant operated by C. Accordingly, the Defendant, around 16:00 on the same day, deemed the Plaintiff to drink alcohol, and got the Plaintiff into the restaurant, and got the Plaintiff into the restaurant. Accordingly, the Plaintiff suffered an injury to the Plaintiff’s entire argument that requires treatment for about three months. Accordingly, the Defendant was indicted by Seoul Northern District Court Decision 2014Da2534, and was sentenced to a fine of KRW 2.5 million on October 17, 2014. [No dispute], the Defendant is liable to compensate the Plaintiff for damages arising from the Plaintiff’s entire pleadings, and thus, the Defendant sustained the Plaintiff’s tort.
B. Limit of liability: (a) as seen earlier, the Plaintiff’s negligence was caused in the course of inducing the Plaintiff by avoiding disturbance while drinking alcohol in a restaurant, and the Plaintiff’s negligence also contributed to the occurrence and expansion of the damage. As such, the Defendant’s liability is limited to 80% by taking into account the details and progress of the instant accident and all other circumstances revealed in the argument of the instant case.
2. Scope of damages.
A. On February 3, 2014, from February 11, 2014 to February 11, 2014, the Plaintiff suffered loss from lost income of KRW 55,495 as follows, since the labor disability loss rate was 100% during the pertinent period after receiving hospitalized treatment at a hospital for nine days.
Calculation: unit wage of an ordinary worker 84,166 won x 9 days x 22/30 = 555,495 won (teach below won) in a report on the actual status of wages in construction business.
B. The Plaintiff spent 4,635,924 won in total as expenses for hospital treatment and nursing, and expenses for the purchase of spinebrate assistive devices.
[In fact that there is no dispute, Gap 3-5 evidence, Gap 6-1, 2, and the purport of the whole pleadings].