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(영문) 전주지방법원 2015.01.30 2013가합6611

손해배상(산)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant owned a number of livestock penss on the first ground of Kim Jong-si and engaged in the two kinds of money business. On December 201, 201, the Defendant left K, who is engaged in the prefabricated panel construction business in the name of J, in turn, to leave the Defendant’s livestock shed replacement work.

B. At around 06:00 on January 7, 2012, K paid a daily allowance to L, M, and N, including Plaintiff A, at its own place of business, and it required the Defendant to perform construction works replacing the stable shelf that it contracted by the Defendant.

C. Accordingly, at around 07:00 on the same day, Plaintiff A et al. started work to replace the worn-out roof of asbestos slates with the panel roof. At around 14:00 on the same day, Plaintiff A et al. felled with the floor of a stable on the wind of the roof, which was worked on the support stand of the roof to remove the roof of the stable.

(hereinafter “instant accident”). D.

Plaintiff

A In the event of the instant accident, A suffered from injury, such as the exposure to the 1st emission frame and the damage to sea water, due to the instant accident, from January 7, 2012.

2. Until December 13, 200, he/she was hospitalized in a college hospital and Kim Jong-dong Hospital and received treatment.

E. Plaintiff B is the wife of Plaintiff A, and Plaintiff C, D, E, F, and G are children of Plaintiff A and B.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 6, Eul evidence Nos. 1, 5, and 6 (including both paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The summary of the plaintiffs' assertion is that the defendant committed the following illegal acts, thereby causing damage to the plaintiffs, and thus, the plaintiff A is obligated to pay 150,331,884 won (i.e., daily income of KRW 140,828,854 (i.e., KRW 4,00,000 for future treatment costs of KRW 5,000 for future treatment costs of KRW 5,000 for KRW 5,000 for future treatment costs), and 6,508,127 won for the plaintiff B (i.e., KRW 4,508,127 for nursing costs of KRW 2,00,00 for consolation money of KRW 4,508,127 for nursing costs of KRW 2,00 for damages), the plaintiff C, D, E,00 for consolation money of KRW 1,00 for each of them.

1 The defendant shall have the capacity to replace the roof of a stable with the risk of falling.