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(영문) 인천지방법원 2017.08.23 2016가단42618

손해배상

Text

1. All of the plaintiff's claims are dismissed.

2. All the costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 2016, the Plaintiff entered into a contract with the Defendant to provide the field pipeline design services (hereinafter “instant contract”) on the part of the Defendant, setting a total amount of KRW 15,00,000, while performing duties as the site director (on-site agent) at the construction site of the building site in Ansan-si, Ansan-si (hereinafter “the construction site of this case”).

B. Around May to July 2016, the Defendant appeared at the construction site of this case and was in the brine restaurant located therein.

Article 11 of the contract of this case is "Provision of accommodation shall not be provided in all."

C. On August 5, 2016, the Plaintiff was issued a medical certificate of injury stating that “the Plaintiff received medical treatment from a DNA branch located in the Nam-gu Incheon Metropolitan City (hereinafter “instant medical certificate of injury”) and then requires approximately 14 days’ medical treatment due to climatic salt, tension, etc.” (hereinafter “instant medical certificate”).

On August 4, 2016, the Defendant issued a medical certificate of injury to the effect that “The Defendant requires approximately 42-day medical treatment due to the 5 balance of 5 balance of 5 balance of 5 balance of 5 balance of 5 balance of 5 balance of 42-day medical center.”

[Ground of recognition] The evidence Nos. 1, 2, 3, Eul No. 1, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion did not properly perform the design service under the instant contract, thereby causing damages equivalent to KRW 20,000,000 to the Plaintiff.

Although meals under the instant contract were not provided, the Defendant incurred a loss equivalent to 295,000 won (=59 times x 5,000 won) of the meal cost to the Plaintiff by carrying out a braille at a boo restaurant at the construction site of this case, even though the Defendant did not provide meals under the instant contract.

On August 4, 2016, the Defendant suffered a loss equivalent to KRW 3,000,000 (i.e., KRW 152,920,000 for lost income of KRW 480,00 for lost income of KRW 152,920 for medical expenses) from the Plaintiff.

Therefore, the defendant.