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(영문) 서울북부지방법원 2019.10.29 2018가단106989

손해배상(기)

Text

1. The Defendant’s KRW 1,353,259 for the Plaintiff and KRW 5% per annum from October 27, 2017 to October 29, 2019.

Reasons

1. Occurrence of liability for damages;

A. On December 27, 2017, the Plaintiff: (a) 19:30 on December 27, 2017, 2017, at the main office located in the main office located in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant main office”); (b) 2 degrees of images on the part of the Defendant’s knife and knife the way coming from the toilet; and (c) knife the knife installed inside the said main office as knife and knife his hand.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 3, and 12, and the purport of the whole pleadings.

B. According to the above facts of recognition of liability, the defendant, the operator of the main station of this case, was negligent in installing a more safe heating apparatus to prevent harm to the restaurant customers in the establishment of the heating apparatus at the above main station, or in failing to perform his duty of care to install the surrounding fences, etc., taking into account the size of the main office of this case, the characteristics of the main office of this case selling alcoholic beverages, etc., and thus, he is liable to compensate the plaintiff for damage caused by the accident of this case.

However, the Plaintiff’s error was passed through a narrow main point where the dysnife also dys, and the Plaintiff’s error also caused the instant accident, and thus, it is reasonable to consider it in calculating the amount of damages that the Defendant is liable for, but it is reasonable to view that it exceeds 60% of the total amount of 40% in light of the facts as seen earlier. Thus, the Defendant’s liability is limited to 40%.

2. In calculating the scope of liability for damages, any amount below the cost shall be discarded, and any claim by the parties which does not separately state below shall be rejected.

(1) The plaintiff himself/herself's medical treatment costs: 808,640 won: Insurance benefits of the National Health Insurance Corporation Shesheshe has paid: 1,004,687 won in the aggregate of 1,813,327 won (based on recognition) 1,813,327 won

(b) To assess the body of the Director of Seoul National University Hospital of this Court in the amount of KRW 1,581,540.