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(영문) 대구지방법원 김천지원 2018.10.24 2018가단1250

손해배상(기)

Text

1. The Defendant’s KRW 19,183,034 as well as the Plaintiff’s annual rate of KRW 5% from December 22, 2016 to October 24, 2018.

Reasons

1. Basic facts

A. On December 22, 2016, the Defendant, at the Plaintiff’s house located in Kimcheon-si, injected liquefied petroleum gas through the tap tap installed in maro, while performing water leakage detection operations for water leakage construction at the Plaintiff’s house located in Kimcheon-si, Kimcheon-si, and explosiond on the ground that liquefied petroleum gas was leaked from the tap tap of the toilet.

(hereinafter “instant accident”). (b)

As a result, the Plaintiff suffered scambling 2 degrees and 3 degrees pictures, and was hospitalized in the hospital located in Daegu from December 23, 2016 to February 1, 2017, and was treated as scambling, scaming, and synthetic skins.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 4 (including serial number) and the purport of whole pleadings

2. According to the above facts finding that the accident of this case was caused by negligence of the defendant who did not take measures, such as cutting the internal water valve before gas injection, despite the duty of care to prevent explosion in advance by using exclusive gas at the time of water detection, and as such, the accident of this case was caused by injecting into the water pipe the liquefied petroleum gas which has an easy nature to explosion, and as such, the defendant is liable to compensate for the damage suffered by the plaintiff due to the accident of this case.

3. Scope of liability for damages (as the plaintiff claims only lost income and consolation money as follows, it shall be judged only on the ground that the plaintiff claims compensation for damages caused by the accident in this case.)

(a) From December 23, 2016 to February 1, 2017, KRW 4,183,034 for the period of hospitalized treatment (2) for 41 days: 3,284,096 (102,628 won for the daily wage of an ordinary part of an urban area in the first half of 2016 x 32 days)

B. (1) Consideration: The circumstances leading up to the instant accident, the parts and degree of injury, and the criminal agreement amount deposited by the Defendant, etc.