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과실비율 80:20
(영문) 서울동부지방법원 2010.1.21.선고 2008가합3426 판결

손해배상(기)

Cases

208Gaz. 3426 Damages (as referred to in this paragraph)

Plaintiff

1

2

3

4

5

Plaintiff 3 to 5 is a minor, and the legal representative Plaintiff 1:

Mo2

[Judgment of the court below]

Defendant

1. The National Federation of Democratic Trade Unions;

2nd floor of Yeongdeungpo-gu Seoul Metropolitan Government Young-gu 2nd floor of large buildings 139

Representative Cho Jin-ho

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

[Defendant-Appellant] Plaintiff 1

[Defendant-Appellee]

Conclusion of Pleadings

December 24, 2009

Imposition of Judgment

January 21, 2010

Text

1. The Defendants shall pay to each of the Plaintiffs 1 7, 760, 158 won, and 3,000 won, 000 won, 700, 4, and 500 won, respectively, and 5% per annum from March 15, 2005 to January 21, 2010, and 20% per annum from the next day to the date of full payment.

2. The plaintiffs' remaining claims against the defendants are dismissed.

3. 4/5 of the costs of lawsuit is assessed against the Plaintiffs, and the remainder is assessed against the Defendants.

4. Paragraph 1 can be provisionally executed.

Purport of claim

Defendants jointly and severally against Plaintiff 1, 146, 224, 81, 10, 100, 000, 3, 4, and 5

From March 15, 2005 to March 15, 2005 to serve a copy of the complaint of this case with respect to each of the above 5,00,000 won and each of the above amounts.

shall pay 5% per annum and 20% per annum from the following day to the date of full payment.

(n)

Reasons

1. Occurrence of liability for damages;

(a) Facts of recognition;

The following facts do not conflict between the parties, or may be acknowledged by comprehensively taking into account the overall purport of the pleadings in each entry in Gap evidence 1-1, 2, 2-1, 2-3, 3-1 through 3, 6-1, 6-2, 8-1 through 4, 13-1, 13-3, 1).

Plaintiff 1 was injured by Defendant 2, 3, and 4 by participating in the Democratic Labor Relations Commission (hereinafter referred to as the "National Labor Relations Commission") organized by Defendant 2, 3, and 4 as a representative and a member for maintenance of order, and Plaintiff 2 is the wife of Plaintiff 1, Plaintiff 3, 4, and 5 are the self-employed person of Plaintiff 1. 2).

In around 2005, when there is a conflict of views on whether the president of the Democratic Labor Relations Council will participate in the committee of labor-management, the defendant Democratic Labor Relations Council was trying to hold a representative meeting and resolve on whether to participate in the committee of labor-management relations. However, due to the disturbance of opposing forces, the above competition was not proceeded, and on March 15 of the same year, the defendant 1 held a temporary representative meeting (hereinafter referred to as the "instant competition") at the 11 Transport Center in Songpa-dong, Seoul for the resolution on the above agenda. 3) The plaintiff 1 participated in the instant competition held on March 15, 2005 as the representative of the ○○○ Insurance Labor Relations Group under the Democratic Labor Relations Council and the order keeping force force. However, the plaintiff 1 interfered with the participation of the National Labor Relations Council of the National Labor Relations Council of the Do, which belongs to the Special Committee. hereinafter referred to as the "Special Committee").

B) As a member of the ○○ Insurance Trade Union, Nonparty 1, who was a member of the instant competition team, was assaulted from the members of the previous piracy who obstructed the progress of the competition as above, and was approaching the members of the previous piracy. Of the members of the said team, Defendant 3 was faced with the head and face of the said Plaintiff’s head and face of the said Plaintiff on the ground of drinking, and Defendant 4 was frightd with the head and face of the said Plaintiff on the ground of drinking, and Defendant 2 was frightd with the body of the said Plaintiff on the part of the said Plaintiff (hereinafter “instant assault”). Defendant 4) Plaintiff 1 was hospitalized in the Seoul Asan Hospital on March 15, 2005, and was hospitalized in the instant hospital for treatment and treatment of the said Plaintiff on the ground that he was hospitalized in the instant hospital for the first time after being hospitalized in the instant hospital for treatment and treatment of the said Plaintiff on the same day.

B) Since then, Plaintiff 1 was hospitalized at the right hand and the mathroto hospital from April 28, 2006 to May 4, 2006, and received a radiation operation. However, it was confirmed that the matha, matha, and mathatha symptoms continued to exist in the matha, matha and matha, and that the results of the MRI tracking tracking inspection conducted at the Silan Hospital on June 8, 2007.

C) Plaintiff 1’s functional disorder that is not upper to the right due to the recurrence of the blood from the brain body (to the right side fright side fright side fright side fright side fright side fright and simple work is possible, but it is impossible to do so or to do so.

5) After the process of the instant criminal litigation occurred, Defendant 2 and Defendant 3 jointly with Defendant 4, who was charged with Defendant 1, on the ground that the said Plaintiff committed an act of violation of the Punishment of Violences, etc. Act (even at night and joint injury) on the grounds that he/she committed an act of violation of the Act on the Punishment of Violences, etc., and issued a summary order of KRW 2 million on March 3, 2006, Seoul Northern District Court Decision 2006Da3451, April 19 of the same year with respect to Defendant 3, the above summary order became final and conclusive on April 19 of the same year. Defendant 2 was sentenced to a fine of KRW 2 million on September 29, 2006 by the above court 206Da1284 on the ground that he/she applied for formal trial against the above summary order, and appealed it, but it became final and conclusive on December 21 of the same year.

B. Grounds for liability

According to the above facts, Defendant 2, 3, and 4 jointly assaulted Plaintiff 1 and inflicted injury on the above Plaintiff. Defendant Democratic Labor Group, as the manager of the instant competition, has general duty of care to maintain the order of the venue, to ensure the safety of the representatives present at the meeting, as well as to have general duty of care to ensure the safety of the representatives present at the meeting immediately before the instant competition, and in the instant competition process, the representative meeting, which was held for the resolution on the participation of the labor-management council committee of the Democratic Labor-management Relations Committee, was born due to the disturbance of the forces opposing the participation of the labor-management council committee, was sufficiently predicted that the physical conflict between the opposing forces and the participants at the meeting. Thus, in the instant competition process, it was sufficiently predicted that the above opposing forces and the participants at the meeting were likely to occur. Accordingly, it was necessary to postpone the holding of the meeting until the gathering of opinions on the said agenda becomes considerably possible, to have cooperation by the police in preparation for any unforeseen accident that may arise from the above physical conflict, and to have been placed in the Defendants who did not participate in the foregoing order.

C. Limitation on liability

However, according to the facts acknowledged above, many of the members of the Maritime Operations Committee opposing the participation of the Labor-management Council of the Democratic Labor-management Council in the Do of the instant competition who interfered with the progress of the competition while entering the conference room. In particular, the plaintiff 1, who was aware that the non-party 1, the maintenance member of the order at the instant conference room, was assaulted by the members of the Maritime Operations Committee who interfered with the progress of the competition, as above, could have sufficiently predicted that physical conflict may occur if access to the members of the Maritime Operations Committee in the state of interest, he was forced to block the above actions of the members of the Maritime Operations Committee without any specific defense. The negligence of the plaintiff 1 is deemed to have caused the occurrence of the instant assault and the expansion of damage, so it shall be considered in calculating the amount of damages that the defendants should compensate, but the ratio of negligence shall be limited to 80% of the defendants' liability ratio.

2. Scope of liability for damages

A. The plaintiffs' assertion of lost income 1)

Since Plaintiff 1 caused a permanent disability to lose 32% of the ability to work due to the occurrence of disorder in the function that is not upper to the right, the two copies, and the right side due to the act of assault in this case, the Defendants are obligated to pay the total of KRW 109,198,039 from the date of assault in this case to the date when the above Plaintiff 60 years of age, taking into account 50% of the degree of contribution of the blood species on the surface of the Plaintiff, taking into account each of the above Plaintiff’s king witness at the sea and the degree of contribution to the blood species on the surface of the Plaintiff.

2) Whether there exists a substantial relation between the instant assault and the Plaintiff 1’s harm to life.

In light of the above facts, Gap's 1, Eul's 1 to 4, and Gap's 9, respectively, the plaintiff 1 complained of symptoms, such as two dye, two dye, and hye, at the time of the transfer to an emergency room of Seoul Madye Hospital immediately after the instant assault. The above plaintiff 1 appeared to have been aware of 173/104mm of Madye, the medical team of Seoul Madyeume Hospital was found to have never been aware of 10,000 Madye 1,000 Madye 1,000 Madye 1,000 Madye 1,000 Madye 1,000 Madye 1,000 Madye 2,000 Madye 1,000 Madye 1,005.

It is reasonable to view that the act of assault in this case occurred on the surface of the sea, which is a type of cerebrovascular type, which was the first type of cerebrovascular type, and it is difficult to conclude that the act of assault in this case was caused by the Plaintiff 1’s aftermathal disability, solely on the basis of the facts acknowledged earlier and the entries in the evidence No. 12-1 through No. 3 of the evidence No. 12, or that the act of assault in this case occurred on the surface of the sea, which caused the Plaintiff 1 to undergo cerebrscular, and it was difficult to conclude that the act of assault in this case was caused by the cerebrscular type, which caused the above cerebrscular disease due to the rise of blood pressure caused by the assault in this case, and there is no other evidence to acknowledge it (the result of each physical commission to the head of Samsung Hospital and the head of Samsung Generation Generation University University University University Hospital; the result of fact inquiry to the head of Samsung

3) Sub-decisions

Therefore, since there is no proximate causal relation between the plaintiff 1's disability from cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral

(b) Medical expenses;

According to Gap evidence No. 14-3, the plaintiff 1 suffered injury due to the assault of this case. < Amended by Presidential Decree No. 18740, Mar. 3, 2005>

15. From the 30th day of the same month to the 30th day of the same month, the fact that he/she received medical treatment at the Seoul Asan Hospital emergency department, and the Gangnamsan Hospital, and that he/she paid the total of 6,961,935 won to the medical expenses.

In addition to the above medical expenses, Plaintiff 1 also sought payment of medical expenses or medicine expenses incurred in the course of hospitalization and outpatient treatment at the Glindo Hospital, the Gungdong Hospital, the Sindo Hospital, etc. after the discharge at the Gangseo-si Hospital. However, the medical expenses or medicine expenses incurred after Plaintiff 1 discharged from the Gangwon-do Hospital are deemed to be for the treatment of the right side disorders caused by cerebrovascular, etc., and as seen earlier, Plaintiff 1’s subsequent disability is not acknowledged to have a proximate causal relation with the instant assault, and thus, Plaintiff 1’s claim for this part of this case is rejected.

(c) Liability ratio of the Defendants: 5,569,548 won ( = 6,961,935 won x 80/100).

D. The Plaintiff paid KRW 4,809,390 (the Defendant Democratic Labor Group paid KRW 4,809,390 to Plaintiff 1 on July 21, 2005 as part of the medical expenses of the Plaintiff’s Gangnam Sejong Hospital).

E. Reasons for taking account of consolation money 1): Plaintiff 1: (a) Plaintiff 7,00,000, and Plaintiff 2:3,000,000 won; (b) Plaintiff 3, 4, and 5: each of the reasons and results of the instant assault; (c) treatment period; (d) Plaintiffs’ age, family relationship; and (e) other various circumstances shown in the instant argument; and (e) Plaintiff 3, 4, and 5: KRW 700,000.

(f) Plaintiff 1: 7,760, and 158 won ( = Medical expenses = KRW 5,569,548 - deducted KRW 4,809, 390 + 7,00, and KRW 00) Plaintiff 2: Plaintiff 3, 4, and 5: respectively, KRW 700,000 for solatium 3,00,000)

3. Conclusion

Therefore, the defendants are obligated to pay to each plaintiff 1 7,760, 158, 200, 3,000, 3, 4, and 5 each of the above amounts to the plaintiff 3, 500, 700,000, 700, and 5 each of the above amounts from March 15, 2005, which is the date of the assault of this case, to dispute as to the existence and scope of the defendants' obligations, 5% per annum under the Civil Act until January 21, 2010, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. Thus, each of the claims against the plaintiffs against the defendants are accepted within the scope of the above recognition, and each of the remaining claims is dismissed as it is without merit. It is so decided as per Disposition.

Judges

The presiding judge's objection to judge

Judges Lee Jae-han

Judge semi-American