손해배상(기)
1. The Defendant’s KRW 16,553,342 to the Plaintiff and the Plaintiff’s annual rate of KRW 5% from May 29, 2015 to August 29, 2017.
1. Occurrence of liability for damages;
A. The facts of recognition (1) The Plaintiff is a student who was enrolled in the second grade of D Middle School. On May 29, 2015, the Plaintiff coming to d middle school male toilets at D middle school break time. On May 29, 2015, the Plaintiff got to melted with D middle school male toilets at D middle school break. In the situation where E students put water in the water used for art hours and spawn out water to other students, E students move back to the back by string so as to avoid the roots of water, and spawn down the body back to the outside of the toilet, leaving two the front day of the floor on the other day of the floor, and suffered from spawn in the upper left and right right, spawn, and spawn spathm.
(hereinafter “instant accident”). At the time of the instant accident, the toilet floor was in the interest of E students.
(2) The Defendant is an insurer who entered into an insurance contract with E’s mother F, such as determining the insured as E and paying statutory liability for physical disability, etc. of another person due to an insured accident caused by daily life.
B. According to the above fact of recognition of liability, the defendant is liable for the damages suffered by the plaintiff due to the accident of this case as an insurer.
C. The limitation of liability, however, that the plaintiff's mistake that the plaintiff himself gets out of the floor with water interest has contributed to the occurrence of the accident in this case, and in consideration of these circumstances, the defendant's liability shall be limited to 60%.
[Grounds for Recognition: Facts without dispute, Gap 1, 2 evidence, each entry of Eul 1 and 2 evidence, the purport of the whole pleadings]
2. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.
The current value calculation at the time of the accident shall be the one that deducts the interim interest at the rate of 5/12 per month.